Conditions

Terms and conditions for purchases via the platform https://health-bar.com/

between Health Bar GmbH, represented by the Managing Director Nancy Tabillon, Max-Beer-Str. 31, 10119 Berlin, - hereinafter "Provider“ – and the customers referred to in § 1 – hereinafter “customer“ -.

§ 1 Scope, definitions

(1) The following General Terms and Conditions, in the version valid at the time of the order, shall apply exclusively to the business relationship between the Provider and the Customer. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity. The entrepreneur status can be proven, for example, by providing the VAT ID number or by 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 provide his or her personal data each time, but can log in to his or her customer account before or during an order using his or her email address and the password he or she freely chose during registration. Registration alone does not create any obligation to purchase the goods offered by the provider. For information on the processing of data, please refer to the privacy policy at the following link. https://health-bar.com/policies/privacy-policy.

available for retrieval. Upon registration, the customer selects a personal username and password. The customer is obligated to keep the password confidential and not to disclose it to third parties, i.e., persons outside of their company or persons within their company who are not authorized to represent them.

(2) Registration can be deleted at any time. If personal information changes, the customer is responsible for updating it. All changes can be made online after registration.

§ 3 Conclusion of contract

(1) The goods presented in the online shop are subject to change and not legally binding offers. The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy" button, the customer submits a binding order to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the corresponding button and thereby includes them in their order.

(2) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded upon the provider's declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (usually email) (contract confirmation).

(3) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In the event of any 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.

(2) However, the Provider reserves the right to only accept 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 inability to pay, the Provider 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. However, the Customer has the right to avert these consequences by providing security.

(3) During a period of default by the Customer, the Provider is entitled to charge default interest at a rate of 5 percentage points above the base interest rate (Section 247 of the German Civil Code) per annum if the Customer is a consumer, and 9 percentage points above the base interest rate (Section 247 of the German Civil Code) if the Customer is a business. The Provider reserves the right to prove higher damages.

(4) In the event of default in payment or otherwise apparent creditworthiness, all further claims against the customer shall become due immediately.

(5) The customer is only entitled to offsetting claims against him that are undisputed by the provider or have been legally established. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Prices, shipping costs

(1) The prices stated on the platform are total prices and include statutory VAT.

(2) Shipping is at the customer's expense. The corresponding shipping costs are stated in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal. For orders of goods valued at EUR 25 or more, the provider delivers free of charge within Germany, and for orders valued at EUR 100 or more, free of charge within the EU. International shipping charges apply for worldwide shipping or within the EU.

§ 6 Delivery, availability of goods

(1) Specified delivery times are calculated from the date of order confirmation, assuming prior payment of the purchase price. Shipping time depends on the service provider DHL and is approximately 2-4 business days after shipment within Germany and 3-7 business days within Europe.

(2) If no copies of the selected product are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, a contract will not be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

§ 7 Retention of title

(1) The goods remain the property of the provider until full payment has been made.

(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 provider all claims arising from such resale, regardless of whether this occurs before or after any processing of the goods delivered subject to retention of title, in the amount of the invoice value of the provider's claim. The provider accepts this assignment.

However, the commercial customer may not pledge the reserved goods or transfer them as security.

(3) Notwithstanding this authority to collect the claim itself, the Customer remains authorized to collect the claim even after the assignment. In this context, the Provider undertakes not to collect the claim itself as long as and to the extent that the Customer meets its payment obligations, no application for the opening of insolvency or similar proceedings has been filed against its assets, and no cessation of payments has occurred.

(4) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, the Provider is obliged to release the securities of its choice at the Customer's request.

§ 8 Storage of the contract text

The contractual provisions with information on the ordered goods and/or booked services, including these General 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 scope of the statutory provisions, to demand subsequent performance in the form of remedy 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 claims for defects shall become time-barred two years after delivery.

(3) If the customer is an entrepreneur, the prerequisite for any warranty rights is that the customer has fulfilled all the obligations under Section 377 The inspection and notification obligations under the German Commercial Code (HGB) have been properly fulfilled. For businesses, the warranty period for goods delivered by the provider is 12 months.

§ 10 Limitation of Liability

(1) The provider is liable for intent and gross negligence. Furthermore, the provider is liable for the negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance the customer may regularly rely. In the latter case, however, the provider is only liable for foreseeable, contract-typical damages. The same applies to breaches of duty by its vicarious agents.

(2) The above exclusions of liability shall not apply in cases of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.

§ 11 Raffles, discount codes and giveaways

Raffle or giveaway promotions are not valid in conjunction with the provider's gift cards. Welcome codes and other discount codes can only be used once per customer.

*With the code MIDSUMMER15, the customer receives a 15% discount on the entire range (*excludes subscriptions, sets, and vouchers). The code must be entered in the shopping cart and cannot be combined with other promotions or discount codes. The code is only valid within the specified validity period from Friday, July 18, 2025, from 8:00 a.m. to Sunday, July 20, 2025, at 11:59 p.m. Subsequent billing is unfortunately not possible. Changes & special cases: Health Bar reserves the right to make changes to the promotion details at short notice. The promotion terms and conditions are only valid while stocks last.cht.

§ 12 Right of withdrawal

(1) The customer who is a consumer has the right to withdraw from this contract within fourteen days without giving any reason. Customers who are entrepreneurs have no right of withdrawal.

(2) The cancellation period shall be fourteen days from the day on which the customer or a third party other than the carrier designated by him takes possession of the goods.

(3) To exercise the right of withdrawal, the customer must inform the provider of his or her decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, email, or the customer account). The provider can be contacted at:

Health Bar GmbH

service@health-bar.com

The customer may use the attached sample text for this purpose, but this is not mandatory. Attachment

(4) To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of 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 for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This particularly applies to foodstuffs such as tea or other products that are inextricably linked to the aforementioned protective provisions upon opening the packaging. A return is therefore only possible if the seal remains intact.

§ 13 Consequences of revocation

(1) If the customer withdraws from this contract, the provider shall reimburse the customer all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the provider), promptly and at the latest within fourteen days from the date on which the provider received notification of the withdrawal from this contract.

(2) For this refund, the same means of payment will be used that was used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged any fees for this refund. The provider may refuse to refund until the goods have been returned to him or until the customer has provided proof that he has returned the goods, whichever is earlier.

(3) The customer must return or hand over the goods to the provider immediately and in any event no later than fourteen days from the date on which he notifies the provider of the cancellation of this contract. This deadline is met if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.

(4) He shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

§ 14 Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR):

https://ec.europa.eu/consumers/odr/

The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 15 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The 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 his or her 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 is the registered office of the provider.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced by the statutory provisions, where applicable. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

(4) Changes or additions to these Terms and Conditions must be made 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 the consumer(s)

Address of consumer(s)

• Signature of the consumer(s)

(only for notification on paper)

date

(*) Delete where not applicable.