Conditions
Terms and conditions for purchases via the platform https://health-bar.com/
between Health Bar GmbH, represented by Managing Director Nancy Tabillon, Heinrich-Roller-Str. 16b, 10405 Berlin, - hereinafter referred to as “Provider“ – and the customers referred to in Section 1 – hereinafter referred to as “customer“ -.
§ 1 Scope, Definitions
(1) The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the provider and the customer. Any differing terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or self-employed professional activity. Entrepreneurial status can be proven, for example, by providing a VAT identification number or other suitable evidence.
§ 2 Registration in the online shop;
Processing of personal data
(1) The customer can order goods in the online shop as a guest or as a registered user. As a registered user, the customer does not have to enter their personal data each time, but can log in to their customer account before or during an order using their email address and the password they freely chose during registration. Registration alone does not create any obligation to purchase the goods offered by the provider. For information on data processing, please see the privacy policy at the following link. https://health-bar.com/policies/privacy-policy.
Available for retrieval. Upon registration, the customer chooses a personal username and password. The customer is obligated to keep the password secret and under no circumstances disclose it to third parties, i.e., persons outside their company or persons within their company who are not authorized to act on their behalf.
(2) Registration can be deleted at any time. The customer is responsible for updating their personal information if it changes. All changes can be made online after logging in.
§ 3 Conclusion of Contract
(1) The goods offered in the online shop are non-binding and do not constitute legally binding offers. The customer can select products from the supplier's range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Buy" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the corresponding button and thereby incorporates them into their offer.
(2) The provider will then send the customer an automatic confirmation of receipt by e-mail, which lists the customer's order again and which the customer can print using the "Print" function.The automatic order confirmation merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. The contract is only concluded upon the supplier's declaration of acceptance, which is sent in a separate email (order confirmation). In this email, or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, the terms and conditions, and the order confirmation) will be sent to the customer on a durable medium (usually email) (contract confirmation).
(3) The language available for concluding the contract is exclusively German. Translations into other languages are for informational purposes only. In case of discrepancies between the German text and the translation, the German text shall prevail.
§ 4 Payment
(1) Payment is generally made at the customer's discretion by prepayment, cash on delivery, credit card or direct debit. Payment service providers such as PayPal, Klarna, Google Pay or Apple Pay are used, among others.
(2) However, the supplier reserves the right to deliver only against cash on delivery (immediate payment upon delivery). If, after conclusion of the contract, it becomes known that payment of the purchase price is at risk due to the customer's lack of financial capacity, the supplier is entitled to demand advance payment or, if a deadline for payment of the purchase price has been set without success, to withdraw from the contract. The customer, however, has the right to avert these consequences by providing security.
(3) During a payment default by the customer, the supplier is entitled to charge default interest at a rate of 5 Percentage points above the base interest rate (§ 247 BGB) per annum if the customer is a consumer, and 9 percentage points above the base interest rate if the customer is a business. The right to prove a higher loss is reserved.
(4) In the event of default in payment or other apparent lack of creditworthiness, all further claims against the customer shall become immediately due and payable.
(5) The customer is only entitled to set-off rights with claims that are undisputed by the supplier or have been legally established against the supplier. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 5 Prices, Shipping Costs
(1) The prices listed on the platform are total prices and include statutory VAT.
(2) Shipping costs are borne by the customer. The applicable shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal. For orders with a merchandise value of EUR 49 or more, the supplier delivers free of charge within Germany. (applies not for B2B orders). International shipping costs apply for worldwide shipping or shipping within the EU.
§ 6 Delivery, product availability
(1) Stated delivery times are calculated from the date of order confirmation, provided that the purchase price has been paid in advance. Shipping time depends on the service provider DHL and is approximately 2-4 working days within Germany and 3-7 working days within Europe.
(2) If no copies of the product selected by the customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing an acceptance of the order. In this case, no contract shall be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
§ 7 Retention of Title
(1) The goods remain the property of the supplier until full payment has been received.
(2) The commercial customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, the commercial customer hereby assigns to the supplier all claims arising from such resale, whether before or after any processing of the goods delivered subject to retention of title, up to the amount of the supplier's invoice. The supplier accepts this assignment.
However, the commercial customer may not pledge or assign the goods subject to retention of title as security.
(3) Notwithstanding this right to collect the claim himself, the customer remains authorized to collect the claim even after its assignment. In this context, the supplier undertakes not to collect the claim himself as long as and to the extent that the customer fulfills his payment obligations, no application has been filed for the commencement of insolvency or similar proceedings against his assets, and there is no suspension of payments.
(4) Insofar as the aforementioned securities exceed the claims to be secured by more than 10%, the provider is obliged to release securities of its choice at the customer’s request.
§ 8 Storage of the contract text
The contract terms and conditions, including details of the ordered goods and/or booked services, these terms and conditions, and the cancellation policy, will be sent to the customer by email upon acceptance of the contract offer or upon notification thereof.
§ 9 Warranty
(1) If the delivered goods are defective, the customer is entitled, within the framework of the statutory provisions, to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. If subsequent performance fails, the customer is entitled to reduce the purchase price or, if the statutory requirements are met, to withdraw from the contract.
(2) All warranty claims expire two years after delivery.
(3) If the customer is an entrepreneur, it is a prerequisite for any warranty rights that the customer has fulfilled all obligations under Section 377 The supplier has duly fulfilled its obligations to inspect and report defects as required by the German Commercial Code (HGB). For business customers, the warranty period for goods supplied by the supplier is 12 months. Months.
§ 10 Limitation of Liability
(2) The foregoing exclusions of liability do not apply in cases of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
§ 11 Prize draws, discount codes, giveaways and subscriptions
Promotions such as raffles or giveaways are not valid in conjunction with the provider's vouchers (gift cards). Welcome codes and other discount codes can only be used once per customer.
With the provided discount code, the customer receives a discount of the specified amount on the entire product range (*excluding subscriptions, sets, and gift vouchers). Codes must be entered in the shopping cart and cannot be combined with other promotions or discount codes. Discount codes are only valid within the specified period. Retroactive application is unfortunately not possible. Changes & Special cases: Health Bar reserves the right to make changes to the promotion details at short notice. The terms and conditions of the promotion are valid only while stocks last.
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Subscriptions: We reserve the right to change the prices for our products and We are adjusting our services. We will inform you about any price changes. no later than two weeks before the planned entry into force, via email. Unless you notify us of the price change within two weeks of To object to receiving the notification or to cancel the subscription, the following applies: The price change is considered accepted. We draw your attention to this right in The message expressly points this out again. The current price is also available on our website. visible.
§ 12 Right of withdrawal
(1) A customer who is a consumer has the right to withdraw from this contract within fourteen days without giving any reason. Customers who are entrepreneurs do not have a right of withdrawal.
(2) The cancellation period shall be fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods.
(3) In order to exercise the right of withdrawal, the customer must notify the supplier by means of a clear declaration (e.g.You can inform us of your decision to withdraw from this contract by sending a letter by post, fax, email, or via your customer account. The provider can be contacted at:
Health Bar GmbH
service@health-bar.com
The customer can use the attached sample text for this purpose, but this is not mandatory. Attachment
(4) To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. the cancellation period is sent.
(5) Pursuant to Section 312g Paragraph 2 No. 3 of the German Civil Code (BGB), there is no right of withdrawal for contracts concerning the delivery of goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This applies in particular to foodstuffs such as tea or other products that, once the packaging is opened, are inextricably linked to the aforementioned protective regulations. A return is therefore only possible if the seal remains intact.
§ 13 Consequences of revocation
(1) If the customer withdraws from this contract, the supplier shall reimburse the customer for all payments received from the customer, including delivery costs (excluding any additional costs arising from the customer's choice of a delivery method other than the cheapest standard delivery offered by the supplier), without undue delay and at the latest within fourteen days from the day on which the supplier receives notification of the withdrawal from this contract.
(2) The same payment method used for the original transaction will be used for this refund, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this refund. The supplier may refuse the refund until the goods have been returned or until the customer has provided proof that they have returned the goods, whichever is the earlier.
(3) The customer must return or hand over the goods to the supplier without undue delay and in any event no later than fourteen days from the day on which the customer informs the supplier of their withdrawal from this contract. The deadline is met if the goods are dispatched before the fourteen-day period has expired. The customer bears the direct costs of returning the goods.
(4) He The seller is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for testing their condition, properties and functionality.
§ 14 Dispute Resolution
The European The Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/
The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board..
§ 15 Conclusion of a subscription
A subscription can Subscriptions can be completed and cancelled at any time on our website.
We reserve the right to adjust the prices for our products and services, including ongoing subscriptions, at any time. The current price is displayed on our website and applies to existing subscriptions from the date of publication.
§ 16 Final Provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.
(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
(4) Amendments or additions to these terms and conditions must be in writing.
Attachment
Sample text for the cancellation form
Heinrich-Roller-Straße 16b
10405 Berlin
service@health-bar.com:
• I/We(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods
Ordered on(*)/received on(*)
• Name of consumer(s)
Address of the consumer(s)
• Signature of consumer(s)
(only for notifications on paper)
Date
(*) Delete as appropriate.