General Terms and Conditions of FoodyPack.de

§ 1 Scope and contracting party

(1) These Terms apply to orders placed through our online shop www.foodypack.de by business customers within the meaning of section 14 BGB and consumers within the meaning of section 13 BGB.

(2) Our offer is primarily aimed at gastronomy, hospitality, trade and other business customers. Consumers may also order through the regular online checkout.

(3) A business customer is a person acting in the course of a commercial or self-employed professional activity when concluding the transaction. A consumer is a person entering into the transaction mainly for purposes outside their trade, business or profession.

(4) Where individual provisions apply only to business customers or only to consumers, this is stated accordingly. Mandatory consumer rights remain unaffected.

§ 2 Conclusion of contract and storage of contract text

(1) The presentation of goods is not a binding offer but an invitation to place an order.

(2) By submitting an order using the checkout button provided, the customer makes a binding offer to conclude a purchase contract. Registration or a customer account is not generally required unless checkout expressly requires this for a particular order type.

(3) We confirm receipt of the order electronically. Whether this receipt confirmation already constitutes acceptance or whether the contract is concluded only through a separate order confirmation, payment request or dispatch of the goods depends on the content of the respective communication.

(4) Contracting party is FoodyPack.de, Habip Sen, Pleikartsförster Str. 1, 69124 Heidelberg, Germany.

§ 3 Prices and payment

(1) The prices shown in the shop and checkout for the respective customer and destination apply. Consumers are provided with the price information required by law, including VAT. Shipping costs, where applicable, are displayed before the order is submitted.

(2) The payment methods offered in checkout apply.

(3) Personalised goods must generally be paid before production starts unless expressly agreed otherwise. A proof or preview may be sent for binding approval before production begins.

§ 4 Delivery and passing of risk

(1) Delivery and production times follow the information for the respective product or order. Neutral stock goods are usually delivered within Germany in approx. 1–3 business days; personalised goods typically require approx. 6–8 weeks depending on the product. Different information takes precedence.

(2) Shipping costs and delivery conditions follow the shipping terms and checkout.

(3) For business customers, the statutory rules on passing of risk in shipment sales apply, in particular section 447 BGB. For consumers, mandatory statutory rules on passing of risk apply.

§ 5 Retention of title

The goods remain our property until payment has been made in full. For business customers, retention of title also applies to claims arising from the ongoing business relationship to the extent permitted by law.

§ 6 Inspection and notification duties for business customers

Where the purchase is a commercial transaction for both parties, the inspection and notification duties under section 377 HGB apply. This does not apply to consumers.

§ 7 Warranty

Statutory rights in the event of defects apply. Mandatory consumer rights are not restricted.

§ 8 Withdrawal, returns and personalised goods

(1) Business customers do not have a statutory consumer right of withdrawal.

(2) Consumers have the statutory right of withdrawal for distance contracts concerning non-personalised standard goods unless a statutory exception applies. Details are provided in our withdrawal information and electronic withdrawal function.

(3) For contracts concerning goods that are not prefabricated and are made on the basis of an individual selection or specification by the consumer, or are clearly tailored to personal needs, the statutory right of withdrawal does not apply under section 312g(2)(1) BGB, provided the statutory requirements are met. This particularly includes individually printed, customer-specific or customer-approved packaging.

(4) For the goods referred to in paragraph (3), Foodypack also does not grant a voluntary return, exchange or money-back right. There is likewise no voluntary cancellation right; cancellation may be excluded after binding approval or once production has started. Statutory rights in the event of defects remain unaffected.

(5) Where a consumer validly withdraws from a purchase of standard goods, the consumer bears the direct cost of returning the goods where legally permissible and where the consumer has been properly informed.

§ 9 Liability

We remain fully liable for intent and gross negligence and where mandatory law requires. In cases of slight negligence involving material contractual duties, liability is limited to foreseeable loss typical for the contract. These limitations do not apply to injury to life, body or health or where prohibited by law.

§ 10 Contract language and law

The contract language is German. German law applies. For consumers, mandatory protective provisions of the country of their habitual residence remain unaffected.

§ 11 Jurisdiction

Heidelberg is agreed as the place of jurisdiction for merchants and other persons where a jurisdiction agreement is legally permitted. Statutory jurisdiction rules apply to consumers.

§ 12 Customer service

Email: info@foodypack.eu
Phone/WhatsApp: +49 163-3658074

Version: 23 August 2026