Terms & conditions of use

Terms & conditions of use of http://shop.hoyerhandel.com the shop.monsieur-cuisine.com online shop

1. Scope of terms & conditions of use

The following terms & conditions of use apply to the http://shop.hoyerhandel.com shop provided by HOYER Handel GmbH, Tasköprüstraße 3, D-22761 Hamburg (hereinafter referred to as HOYER Handel) and the services offered on this website. These general terms & conditions of use may be replaced by additional terms & conditions (e.g. terms & conditions of participation for competitions) in individual cases. The T&Cs for the accessories shop apply exclusively for product orders from our accessories shop. By using our website you accept the applicable version of the terms & conditions of use. For registered users the terms & conditions of use valid at the time of registration apply.

2.  Copyright and other property rights

The content of the website, in particular graphics, photos, audio, video, scripts and text and their layout on the website are subject to copyright and other protective legislation.

The recipes published on the website and the recipe collection are also specifically protected by copyright. However they can be downloaded as a pdf file and, if applicable, printed for private use.

HOYER Handel grants the user the non-exclusive, non-sublicensable, unrestricted rights of use to the recipes published on this website to the extent specified below. The user may download and reproduce, without limit, these recipes for private purposes. The user may pass on the recipes free of charge to personal acquaintances and relatives for private use to the extent specified above. Any use beyond the scope specified above is not permitted. Commercial use of the recipes is specifically excluded. 

The content of the website may not be used for commercial, business and/or public purposes. In particular it may not be copied, distributed, amended or made accessible to third parties. Any references to protective legislation may not by removed.

Unless otherwise specified all trademarks on this website are trademark protected for the benefit of HOYER Handel GmbH or one of its licensers. This applies in particular for brand names, logos and emblems.

3.  Granting of rights to submissions, personal posts, and in particular recipes

Publications and/or submissions (suggestions, ideas, recipes and other content that you submit to HOYER Handel after registration) are deemed to have been submitted on a non-confidential basis and HOYER Handel is therefore not under any obligation to treat these submissions as confidential.

HOYER Handel is the service provider as defined by Section 7 I TMG [German Telemedia Act]. HOYER Handel is liable for proprietary content that is provided as part of the service in accordance with the provisions of clause 8 below.

HOYER Handel does not take ownership of content published on the http://shop.hoyerhandel.com or websites by website users. In accordance with the statutory provisions HOYER Handel is not obligated to check the legality of content published by users or to examine it for legal infringements.

The user grants HOYER Handel the unrestricted right to edit contributions submitted/posted by him if applicable and to make them publicly accessible on the http://shop.hoyerhandel.com website. The user accepts that Hoyer may allow the recipes he posts to be downloaded as a pdf for private purposes, reproduced without limit, and passed on free of charge to personal acquaintances and relatives for private use to the extent specified above by other users. The user is responsible for ensuring that none of his submissions/publications infringes the rights of third parties, including copyright, trademark rights, patent rights, trade secrets, privacy or other personal rights or intellectual property rights. To this extent the user indemnifies HOYER Handel against all claims of third parties and the associated costs of legal defence.

4. Prohibited user behaviour

Users of the www.monsieur-cuisine.com website are prohibited from inflicting personal injury or infringing personal rights when using the website

  • Acting immorally in their user behaviour
  • Posting or otherwise making accessible content that is libellous, defamatory, obscene, offensive, pornographic, promotes violence or breaches privacy
  • Infringing commercial property rights or copyright or other property rights and advertising products or services or soliciting items of monetary value via this website.
  • User activities aimed at rendering this website non-functional or at least hindering its use are prohibited and can lead to prosecution under civil and criminal law.
  • The user is prohibited from subscribing third parties to newsletters, competitions, etc. without their knowledge and express consent.
  • If a user breaches the above rules of conduct HOYER Handel may block him from accessing this website at any time.

5. Registering to submit comments and reviews, posting and saving recipes  

In order to be able to post reviews and comments the user must register with a user name of his choice and his email address. The user can also upload a profile/user photo.

After registering the user will automatically receive email notification that his account has been set up.  

Once the account has been set up the user can submit comments and reviews and post and comment on his own recipes with photos. He can also save his favourite recipes in his profile. When doing so the above user behaviour provisions must be observed. If the user specifies his name in the review HOYER Handel is entitled, but not obligated to specify this when publishing the review.

Hoyer Handel is entitled to delete individual posts or parts of posts by the user at any time at its own discretion. Regardless of the aforementioned right, the website operator will remove content that constitutes prohibited user behaviour in accordance with clause 4. The term content includes software and other files and links to other content. However no entitlement to such measures exists on the part of the user, including in respect of posts by third parties. HOYER Handel will normally inform a user if his post is deleted. No entitlement to information exists on the part of the user.

6.  Ordering from the online shop  

To order from our online accessories shop you must provide all information necessary to process the order (e.g. name, address, age, payment details, telephone number).

7.  Terms & conditions of participation in competitions

From time to time the user will be invited to take part in competitions on the http://shop.hoyerhandel.com. The following general provisions apply for participation in these competitions:

  • Legal action is excluded. 
  • No cash alternative is available for prizes. 
  • Employees of HOYER Handel GmbH and their relatives are excluded from participating in competitions. 
  • Participation in competitions is allowed on a personal basis only. Participation via a competition service company in particular is excluded
  • These terms & conditions may be modified or replaced by other specific terms & conditions of participation in individual cases. The specific terms & conditions will then take precedence over the general terms & conditions of participation. 

8. Liability

The user is responsible for his own behaviour in connection with the http://shop.hoyerhandel.com website.

HOYER Handel will regularly manage and maintain this website. However HOYER Handel cannot guarantee the uninterrupted availability of the website or the accuracy of the information it contains.

HOYER Handel will be liable for wilful intent and gross negligence. Furthermore HOYER Handel will be liable for negligent infringement of obligations, the performance of which is necessary for proper execution of the contract, the infringement of which jeopardises the achievement of the purpose of the contract and the compliance with which you as a customer generally rely on. However in the case of the latter HOYER Handel will only be liable for damages that are foreseeable and typical for this type of contract. HOYER Handel will not be liable for slightly negligent infringement of obligations other than those specified in the above clauses. The above liability exclusions do not apply for injury to life, limb or health.

Data communication via the internet cannot be guaranteed to be fault-free and/or available at all times in accordance with the current state of the art. To this extent HOYER Handel will not be liable for the permanent or uninterrupted availability of our online shop.

The above limitations of liability also apply on behalf of our legal representatives and vicarious agents.

Liability in accordance with the product liability law remains unaffected.

9. Third party links/content

The website contains links to other websites (links). These are provided purely as a service for the user. If you click on one of these links you leave the http://shop.hoyerhandel.com. The use of links is at your own risk. HOYER Handel cannot check all websites of other companies and has no influence on their respective content. HOYER Handel therefore accepts no responsibility for their content, nor does it take ownership thereof.

10.  Changes to the website and terms & conditions of use 

HOYER Handel is entitled to modify the content and layout of the website. The same applies to these terms & conditions of use. Changes to the terms & conditions of use will become effective for registered users if they have been announced by email at least four weeks in advance and accepted by the user. The announced changes will be deemed accepted if the user does not object to the changes within four weeks of receipt of the announcement. Objections can be sent by post or email to the address specified in the imprint and will be deemed to be on time if they are sent within the specified period. HOYER Handel will provide specific information about the significance of the time limit and the legal consequences of remaining silent in the email announcing the changes. The legal consequences (acceptance through silence) only come into effect if the aforementioned information has actually been distributed.

11.  Duration of the contract of use and termination

The contract of use can be terminated by the registered user at any time without notice and without specifying reasons by post or by email to HOYER Handel at the addresses specified in the imprint.

HOYER Handel ordinarily has the right to end the contract of use with any registered user without specifying reasons with a notice period of four weeks.

The right to extraordinary termination with good cause, in particular due to significant or repeated infringement of these terms & conditions of use, remains unaffected. Section 314 of the BGB [German Civil Code] applies.