Table of Contents
- Scope
- conclusion of contract
- Right to cancel
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
- Terms and conditions of participation – Collector's card campaign 2026
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Fleischer und der Koch GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
- by asking the customer to pay after placing his order.
Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 If you select a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 To enter the contract you can use German as your prefered language.
2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age.
3) Right of Withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.3 If you select a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
4.4 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com
4.5 If you select a payment method offered via the "Stripe" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. More information about Stripe is available online at https://stripe.com
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 Desired delivery date: The customer can specify a preferred delivery date during the ordering process. This date is non-binding. The seller will endeavor to deliver the goods on or around the requested delivery date; however, fulfillment of the preferred delivery date depends on the availability of the goods and the order volume at the time of the order. Delays may occur, particularly during periods of high order volume or due to logistical challenges. The specified preferred delivery date does not constitute a firm or guaranteed delivery commitment.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address given by the seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
- via download
- by email
- postal
6) Retention of title
If the seller delivers in advance, he retains title to the delivered goods until full payment of the owed purchase price.
7) Liability for defects (guarantee)
Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 The limitations of liability and shortening of deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redeeming Promotional Vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.9 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller can pay the respective owner who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
9) Redeeming Gift Certificates
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
9.8 The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11) Jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13) Terms and conditions of participation – Collector's card campaign 2026
There are four different collectible cards in total. The cards are distributed randomly. There is no guarantee of receiving a specific collectible card.
- 1× FuK meat voucher worth €1.000 for the first person to submit four different collectible cards in full.
- 1× FuK meat voucher worth €500 for the second person who submits four different collectible cards in full.
- 10× FuK meat vouchers worth €250 each for the first ten people who submit at least three different complete collection cards.
[Link to the privacy policy]
