General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These general trading conditions (in the following “AGB”) of the Barbeux GmbH (in the following “salesman”), are valid for all contracts over the supply of goods, which a consumer or an entrepreneur (in the following “customer”) with the salesman with respect to the goods represented by the salesman in its on-line Shop concludes. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not represent 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 via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or post.
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), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method within the scope of the online order process, he/she also issues a payment order to Amazon by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer’s offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.
2.6 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 customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.7 Before the binding submission of the 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, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 The order processing and contact are usually carried out by 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 by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s revocation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this method of payment if the credit check is negative.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive for the transaction.
5.2 If the 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 return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller’s revocation policy shall apply to the costs of return shipment.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
- by e-mail
- by mail
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply
for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, and
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of gift vouchers
8.1 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.
8.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before the end of the order process. A subsequent settlement is not possible.
8.4 Several gift vouchers can be redeemed in one order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
8.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective gift voucher holder.
9) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.