Conditions
Terms and Conditions for Purchases through the Platform https://health-bar.com/
between Health Bar GmbH, represented by the managing director Nancy Tabillon, Max-Beer-Str. 31, 10119 Berlin, - hereinafter referred to as "Provider" - and the customer referred to in § 1 - hereinafter referred to as "Customer" -.
§ 1 Scope of Application, Definitions
(1) The following General Terms and Conditions in their version valid at the time of the order exclusively apply to the business relationship between the provider and the customer. Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that acts in the course of concluding the contract in the exercise of their commercial or independent professional activity. Entrepreneurial 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 their personal data every time, but can log into their customer account with their email address and the password they freely chose during registration before or during an order. Registration alone does not create any obligation to purchase the goods offered by the provider. For information on data processing, the privacy information is available at the following link https://health-bar.com/policies/privacy-policy.
available for retrieval. Upon registration, the customer selects a personal username and a password. The customer is obliged to keep the password confidential and must not disclose it to third parties, i.e., individuals outside their company or individuals within their company who do not have authorization.
(2) The registration can be deleted at any time. As far as personal information changes, the customer is responsible for updating it. 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 offers in the legal sense. 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 purchase button, the customer submits a binding request 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 request 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 request.
(2) The provider then sends the customer an automatic confirmation of receipt via email, in which the customer's order is listed again and which the customer can print 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 through the provider'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, terms and conditions, and order confirmation) will be sent to the customer on a durable medium (usually email) (contract confirmation).
(3) The language provided for the conclusion of 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 takes precedence.
§ 4 Payment
(1) Payment is generally made at the customer's discretion in advance, by cash on delivery, credit card, or by direct debit. Payment service providers such as PayPal, Klarna, Google Pay, or Apple Pay are used, among others.
(2) However, the provider reserves the right to carry out the delivery only against cash on delivery (immediate payment upon delivery). If it becomes known after the conclusion of the contract that the payment of the purchase price is at risk due to the customer's lack of ability to pay, the provider is entitled to demand advance payment or, if a deadline for payment of the purchase price has been set unsuccessfully, to withdraw from the contract. However, the customer has the right to avert these consequences by providing security.
(3) During a payment delay by the customer, the provider is entitled to demand default interest of 5 percentage points if the customer is a consumer, and 9 percentage points if the customer is a business, above the base interest rate (§ 247 BGB) per annum. Proof of higher damages is reserved.
(4) In the event of payment default or any other apparent creditworthiness issues, all further claims against the customer shall become immediately due.
(5) The customer has the right to offset only against claims that are undisputed by the provider or have been legally established against him. 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 the statutory value-added tax.
(2) Shipping costs are borne by the customer. The corresponding 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 an order value of 25 EUR or more, the provider delivers to the customer free of shipping costs within Germany; for an order value of 100 EUR or more, shipping is free within the EU. For worldwide shipping or within the EU, international shipping costs apply.
§ 6 Delivery, Product Availability
(1) Specified delivery times are calculated from the time of order confirmation, assuming prior payment of the purchase price. The shipping time depends on the service provider DHL and is approximately: 2-4 working days after shipping within Germany and 3-7 working days across Europe.
(2) If no copies of the product selected by the customer are available at the time of the customer's 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 a declaration of acceptance. In this case, no contract will 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 promptly in the order confirmation.
§ 7 Retention of Title
(1) The goods remain the property of the provider until full payment is 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 already assigns to the provider all claims arising from such resale, regardless of whether this occurs before or after any processing of the goods delivered under retention of title, to the extent of the invoice value of the provider's claim. The provider accepts this assignment.
The commercial customer is not allowed to 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 fulfills his payment obligations, no application for the opening of insolvency or similar proceedings concerning his assets has been filed, and no payment cessation exists.
(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 request of the customer.
§ 8 Storage of the contract text
The contract terms including details of the ordered goods and/or booked services, as well as these General Terms and Conditions and the cancellation policy, will be sent to the customer by email upon acceptance of the contract offer or with the notification thereof.
§ 9 Warranty
(1) Insofar as 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 the subsequent performance fails, the customer is entitled to reduce the purchase price or, if the legal requirements are met, to withdraw from the contract.
(2) All claims for defects shall expire two years from the handover.
(3) If the customer is an entrepreneur, it is a prerequisite for any warranty rights that the customer has fulfilled all obligations according to § 377 Properly fulfilled the examination and complaint obligations owed under the HGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 10 Limitation of Liability
(1) The provider is liable for intent and gross negligence. Furthermore, they are liable for negligent breaches of duties, the fulfillment of which makes the proper execution of the contract possible in the first place, whose violation endangers 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, typical contractual damages. The same applies to breaches of duty by their vicarious agents.
(2) The above disclaimers of liability do not apply in cases of injury to life, body, and health. Liability under the Product Liability Act remains unaffected.
§ 11 Raffles, Discount Codes, and Giveaways
Actions from raffles or giveaways do not apply in connection with the provider's vouchers (Gift Cards). Welcome codes and other discount codes can only be used once per customer.
§ 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 reasons. There is no right of withdrawal for customers who are entrepreneurs.
(2) The withdrawal period is 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) To exercise the right of withdrawal, the customer must inform the provider of their 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 reached at:
Health Bar GmbH
Max-Beer-Str. 31
10119 Berlin
service@health-bar.com
The customer can use the attached sample text for this, but it is not mandatory. Attachment
(4) To maintain the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the deadline. sent before the withdrawal period.
(5) According to § 312g para. 2 no. 3 BGB, there is no right of withdrawal for contracts concerning 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 food items such as tea or other products that are inseparably linked to the aforementioned protective regulations by opening the packaging. A return is therefore only possible if the seal remains intact.
§ 13 Consequences of Withdrawal
(1) If the customer revokes this contract, the provider must reimburse the customer for all payments received from them, including delivery costs (except for additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the provider), without delay and no later than fourteen days from the day on which the notification of the revocation of this contract was received by the provider.
(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 fees for this refund. The provider may refuse the refund until they have received the goods back. until the customer has provided proof that they have returned the goods, whichever is the earlier date.
(3) The customer must return or hand over the goods to the provider without delay and in any case no later than fourteen days from the day on which he informs the provider of the cancellation of this contract. The deadline is met if the goods are sent before the fourteen-day period has expired. The customer bears the direct costs of returning the goods.
(4) Is must only be liable for any potential loss in value of the goods if this loss in value is attributable to handling that is not necessary for the examination of the nature, characteristics, and functioning of the goods.
§ 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 a dispute resolution procedure before a consumer arbitration board..
§ 15 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a public law special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the location of the provider.
(3) The contract remains binding in its other parts even if individual points are legally ineffective. The statutory provisions shall replace the ineffective points, if available. However, if this would result in an unreasonable hardship for one party to the contract, the entire contract will be rendered ineffective.
(4) Amendments or additions to these terms and conditions must be in writing.
Attachment
Sample text for the cancellation form
An Health Bar GmbH
Max-Beer-Str. 31
10119 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 the consumer(s)
• Signature of the consumer(s)
(only for notification on paper)
Date
(*) Strike out what does not apply.