General Terms and Conditions

TERMS AND CONDITIONS OF
https://hausdermanufakturen.com

Welcome to Haus der Manufakturen (HdM)

§ 1 Scope and Provider

1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Haus der Manufakturen HdM Handels UG (limited liability) (hereinafter referred to as the “Provider”) to you, in the version valid at the time of ordering.
   For better distinction, the scopes of application are marked as follows:
   Private Customers (PC), Business Customers (BC).

2. Deviating terms and conditions of the customer are rejected.

3. Please read these terms carefully before placing an order with Haus der Manufakturen HdM Handels UG (limited liability). By placing an order, you agree to the application of these GTC to your order.

4. At Haus der Manufakturen (HdM), we offer the sale of the following products:
   Food and non-food products are offered both online and offline in the respective retail stores.

5. At Haus der Manufakturen (HdM), we offer the following services:
   For trading partners, we offer the possibility to sell goods directly to end customers in the name and on behalf of the partners. Sales are carried out by HdM’s own staff.

§ 2 Conclusion of Contract (PC, BC)

1. Contracts on this platform can only be concluded in German.

2. The offers are directed exclusively at end customers with a billing and delivery address in:
   Germany, Austria, Switzerland.
   For certain bulky goods, delivery addresses and delivery locations may be restricted; such restrictions are indicated in the respective list price.

3. The customer must have reached the age of 18.

4. The presentation of goods in the online shop does not constitute a legally binding offer. It merely invites the customer to submit an offer.

5. Your order constitutes an offer to Haus der Manufakturen (HdM) to conclude a purchase contract. The customer submits a binding offer by completing the online ordering process and clicking the button “order with obligation to pay”.

6. The purchase contract is concluded only upon acceptance by the provider, either by dispatch of the goods or by sending a shipping confirmation email. The order confirmation does not constitute acceptance.

7. Contracts involving quantities exceeding normal household amounts or commercial resale require explicit confirmation by the provider. This applies both to multiple quantities in one order and to several separate orders of the same product.

8. Orders are stored after conclusion of the contract. If you lose your order documents, please contact us by email or phone. We will send you a copy.

9. Use of the Haus der Manufakturen (HdM) service requires registration.

10. By registering, the customer accepts these GTC. A contractual relationship is established based on these terms.

11. The presentation of services on the website does not constitute a legally binding offer.

12. By ordering a paid service, a separate contractual relationship is established. The user is informed of costs and payment terms before completion.

13. You agree to receive invoices electronically via email or customer account.

§ 3 Description of Services (PC, BC)

Haus der Manufakturen (HdM) provides the following services:

• Private and business customers: display, sale, and presentation of goods

• Business and commission partners: partner support, warehousing, marketing activities

Creation of Image and Video Material (BC)

1. In agreed cases, HdM creates image and video material for business customers based on neuromarketing principles. Completion may take up to 6 months from contract start, regardless of early termination.

2. Image and video material created by HdM is primarily for HdM’s own marketing use. HdM may optionally grant usage rights to the business customer, with or without charge. The customer has no design control.

3. HdM may use content from the business customer’s online shop or social media for this purpose.

4. Separate commissioned content for the business customer is invoiced additionally.

Shipping of Goods After Termination (BC)

1. Upon termination by a business customer, HdM will prepare and organize shipment after an appropriate preparation period.

2. A minimum preparation period of four weeks (28 days) applies after termination confirmation.

3. Shipment occurs only after this period.

4. Frozen goods: HdM does not ship frozen goods back. The business customer must organize pickup. Unapproved pickups may be charged. Uncollected goods may be disposed of at the customer’s expense.

Product Placement (BC)

1. HdM retains full authority over product placement in stores.

2. Business customers may submit design images. HdM will attempt approximate implementation. Additional materials and labor are invoiced separately.

3. Product reorganization is a core part of HdM’s marketing concept and is accepted by the business customer.

Tasting Bar Placement (BC)

1. Placement and use of the tasting bar are determined solely by HdM.

Billing of Recurring Monthly Fixed Costs (BC)

1. Monthly fixed costs are billed quarterly. HdM may offset amounts against sales proceeds.

Additional Services and Billing

1. Additional services beyond contractual scope are billed separately, including onboarding extensions, assortment changes, and other modifications.

2. Billing is based on actual effort at €15.00 net per 15 minutes plus VAT.

3. Product exchanges or pickups require written request 14 days in advance. Peak periods (Nov 15–Dec 31) are excluded.

§ 4 Prices and Shipping Costs (PC)

1. Prices include statutory VAT and shipping charges.

2. Pricing errors may occur; corrections are made before charging.

3. Prices valid at time of order apply.

4. Registration is required for use of HdM services.

5. Paid services require account registration.

6. Paid services are clearly marked.

7. Different pricing models may apply.

8. B2B service activities are billed at €15.00 net per 15 minutes.

§ 5 Delivery and Cancellation (PC)

1. Delivery is made to the specified address. Delivery times are non-binding estimates.

2. Unavailable products will be communicated separately.

3. Failed delivery costs due to customer fault are borne by the customer.

4. Contractual obligations relate to the number of active locations, not a specific site.

4.1–4.4 Transitional provisions apply for site changes or closures.

5. Delivery timing depends on payment method.

6. Multiple shipments may result in multiple contracts.

7. Best-before date products (BC):

   • Minimum 6 months shelf life required

   • Unsold goods may be discounted or disposed of

   • No refund entitlement

§ 6 Payment Terms (PC)

1. Payments are due in advance or at checkout.

2. Paid services authorize direct debit.

3. Subscriptions renew automatically unless canceled.

4. Subscriptions are charged on the first working day of the month.

5. Payment methods:

   • Credit card

   • Direct debit (return fee €8.00)

   • Invoice (eligibility applies)

   • Prepayment

6–13. Additional payment conditions apply.

14. Business customers: contracts are confirmed via order confirmation.

§ 7 Right of Retention (BC)

HdM may retain goods until outstanding claims are settled.

§ 8 Registration and Termination (PC)

Includes account usage, termination rights, misconduct rules, damages, and data deletion after termination.

§ 9 Limitation of Liability – Services (PC)

HdM is liable only in cases of intent or gross negligence, with statutory exceptions.

§ 10 Set-Off and Retention (PC, BC)

Set-off only with undisputed or legally established claims.

§ 11 Retention of Title (PC, BC)

Ownership remains with HdM until full payment; commission goods remain property of the business customer.

§ 12 Damages (PC, BC)

Commission goods remain at business customer’s risk. No liability for loss, theft, or damage. Insurance responsibility lies with the business customer.

§ 13 Warranty Rights (PC)

Statutory consumer warranty rights apply. Business customers have reduced limitation periods.

§ 14 Liability – Products (PC, BC)

Liability applies only for essential contractual obligations, intent, or gross negligence.

§ 15 Right of Withdrawal (PC)

Consumers have a 14-day withdrawal right with statutory exceptions.

§ 16 Data Protection (PC, BC)

Personal data is handled in accordance with GDPR and the privacy policy.

§ 17 Cookies (PC)

Cookies are used to improve usability and may be managed via browser or consent banner.

§ 18 Jurisdiction and Applicable Law (PC, BC)

German law applies. Place of jurisdiction is the provider’s registered office.

§ 19 Confidentiality (BC)

Business customers must keep confidential information secret during and after the contractual relationship.

§ 20 Competition Law (BC)

Both parties commit to lawful and fair competition practices.

§ 21 Final Provisions (PC, BC)

1. Contract language is German.

2. Minors may use services only with parental consent.

3. Invalid clauses do not affect remaining provisions.

4. Amendments apply upon publication.

5. Legal successors are included.

6. Jurisdiction for business customers is Cologne.

7. Current GTC are published at
   https://hausdermanufakturen.de/agb