Terms of service
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. The entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or complementary general terms and conditions, their validity is hereby objected to; You only become part of the contract if we have expressly agreed.
2. Contract partner, conclusion of the contract, correction options
The purchase contract is concluded with Histaminikus GmbH.
By setting the products to the online shop, we submit a binding offer to the conclusion of the contract through these products. You can initially put our products into the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aid intended and explained in the order process. The contract is concluded by accepting the offer via the products contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The (s) language (s): German available for the conclusion of the contract
We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
Delivery options
We send the products to the delivery address specified in the order process.
You basically have the option of picking up at Histaminikus GmbH, in which Bruchwies 1a, 66663 Merzig, Germany for the following business hours: by appointment
5. Payment
5.1 prices
The prices specified at the time of the order apply. These are total prices and contain the statutory VAT.
5.2 Disability and default of payment
The price is due when the contract is concluded if no later time arises from the following payment terms.
The following applies to consumers: In the event of a delay in payment, we reserve the right to charge you a fee of 1.50 euros per reminder in the second and following reminder. You reserve the right to prove the development of less damage. Further claims remain unaffected.
The following applies to entrepreneurs: In the event of a delay in payment, we reserve the right to charge you the statutory default interest in the amount of nine percentage points above the base rate and a flat rate of 40 euros. Further claims remain unaffected.
5.3 Payment methods
The following payment methods are generally available in our shop.
Prepayment
When selecting the payment method in advance, we give you our bank details in separate email and deliver the goods after receipt of payment.
Cash on pickup
You pay the invoice amount at the pick -up cash.
Credit card
In the order process, enter your credit card data. Your card will be burdened immediately after the order was submitted.
Clear
In cooperation with the payment service provider Klarna Bank (publ.), Sveafen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and it is made directly to Klarna. You can get further information from the respective payment option and in the ordering process.
Buy on account about Klarna
The invoice amount is due after sending the goods and receipt of the invoice.
KLARNA can offer registered KlarNA customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on offering these modalities; Other individually offered payment modalities concern your legal relationship with Klarna. You can find more information about this in your Klarna account.
PayPal, PayPal Express
To the invoice amount about the payment service provider PayPal (Europe) S.à r.l. Et cie, s.c.a, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") to be able to pay, you must be registered with PayPal, legitimize your access data and confirm the payment instructions. The payment transaction is carried out by PayPal immediately after the order was submitted. You can get further information in the ordering process.
PayPal can offer further payment modalities in the customer account selected and selected according to its own criteria. However, we have no influence on offering these modalities; Other individually offered payment modalities concern your legal relationship with PayPal. For more information, see your PayPal account.
6. Right of withdrawal
The statutory right of withdrawal is entitled to you, as described in the cancellation policy.
7. Removal of title
The product remains our property until full payment.
In addition, the following applies to entrepreneurs: We reserve ownership of the product until all claims from an ongoing business relationship are completely paid. You can resell the goods subject to retention of title in the ordinary business company; All claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - will take place in advance in advance in the amount of the invoice amount, and we accept this assignment. They remain authorized to collect the claims, but we can also collect claims ourselves if they do not meet their payment obligations. At your request, we will release the collateral due to our desire as the realizable value of the collateral exceeds the value of the open claims by more than 10 %.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors as soon as possible with the deliverer and please contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and its enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims towards the carrier or transport insurance.
9. Warranty and guarantees
9.1 Liability of the defect
Unless expressly agreed differently below, the statutory right to defect applies.
The following restrictions and deadline reductions do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of violation of life, body or health
- In the event of intentional or grossly negligent breach of duty as well as malice
- In the event of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligations)
- As part of a guarantee promise, if agreed, or
- as far as the scope of the Product Liability Act is opened.
Restrictions to entrepreneurs
Compared to entrepreneurs, only our own information and product descriptions of the manufacturer, which have been included in the contract, are considered an agreement on the nature of the goods; We assume no liability for public statements from the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from a transfer of danger. The previous sentence does not apply to a matter that has been used for a building according to its usual usage and has caused its deficiency.
The statutory limitation periods for the right to recourse according to § 445a BGB remain unaffected.
Note towards merchants
Among merchants, the examination and notification obligation regulated in § 377 HGB applies. If you fail to do so, the goods are considered approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have a lack of default.
9.2 guarantees and customer service
You can find information on the applicable additional guarantees and their exact conditions for the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions on weekdays from 8:30 a.m. to 12:30 p.m. on 06861/9229323 and by email at info@histaminikus.de. Please send complaints and questions about orders to: shipping@histaminikus.de.
10. Liability
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always indefinitely liable
- In the event of violation of life, body or health,
- In the event of intentional or grossly negligent breach of duty,
- In the event of guarantee promises, if agreed, or
- as far as the scope of the Product Liability Act is opened.
In the event of a violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust, (cardinal obligations) by mild negligence by us, our legal representatives or vicarious agents is limited to the liability for predictable damage when the contract is concluded, with which it must typically be calculated.
In addition, claims for compensation are excluded.
11. Code of Conduct
We have submitted the following codes of behavior:
12. Agreement on the use of the Trusted Shop buyer protection
You can secure orders with us up to an order value of 100 euros via the buyer protection of Trusted Shops SE. In addition, Trusted Shops, together with a guarantee, offer a paid protection. The Trusted Shops Buyer Protection Conditions apply to them here find. The buyer protection is completed by clicking on the correspondingly designated button of the so-called TrustCard, which appears as a pop-up on the order dank page after an order is carried out. If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without clicking on the button. In order to be able to offer you the (automatic) buyer protection, the Trustcard must access order data that is stored in the intermediate memory of your browser. For this purpose, a hash value of your email address as well as the order number and order amount is transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the TrustCard as described above. Information on data protection at Trusted Shops is added to the buyer protection conditions linked above.
13. Disputes
The European Commission provides a platform for online dispute resolution (OS) that it here find.
Important NOTE: The platform for online dispute resolution (OS) will be finally discontinued on July 20, 2025. The submission of complaints on the OS platform will therefore be discontinued on March 20, 2025. We are ready to take part in an out -of -court arbitration procedure in front of a consumer arbitration board.
The federal universal arbitration board at the Center for Schlechtung e.V., Strasburger Straße 8, 77694 Kehl am Rhein, Germany, is responsible https://www.universalschlichtungsstelle.de/.
14. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, legal entity under public law or special funds under public law, our business is exclusive for all disputes from contractual relationships between us and you.
If individual clauses of these terms and conditions are ineffective in whole or in part, the contract remains effective. As far as individual clauses are ineffective, the content of the contract is based on the legal regulations.