Conditions
Terms of contract for purchases via the platform https://health-bar.com/
between Health Bar GmbH, represented by its Managing Director Nancy Tabillon, Heinrich-Roller-Str. 16b, 10405 Berlin, - hereinafter referred to as the "Provider" – and the customers designated in § 1 - hereinafter referred to as the "Customer" -.
§ 1 Scope, Definitions
(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised 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 partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. 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 enter their personal data each time, but can log into their customer account with their email address and the password freely chosen during registration before or during an order. Registration alone does not entail any obligation to purchase the goods offered by the Provider. Information on data processing is available in the privacy notice at the following link https://health-bar.com/policies/privacy-policy.
for retrieval. Upon registration, the Customer chooses a personal username and password. The Customer is obliged 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 do not have authority to represent it.
(2) The registration can be deleted again at any time. If personal details change, the Customer is responsible for updating them. All changes can be made online after logging in.
§ 3 Conclusion of Contract
(1) The product offers presented in the online shop are subject to change 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 via the "add to cart" button. Via the purchase button, they submit 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 of contract by clicking the corresponding button and thereby incorporates them into their request.
(2) The Provider then sends 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 request. The contract is only concluded upon submission of the declaration of acceptance by the Provider, 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) is sent to the Customer on a durable medium (usually email) (contract confirmation).
(3) The language available for the conclusion of the contract is exclusively German. Translations into other languages serve only for information purposes. In the event 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 choice, by advance payment, cash on delivery, credit card or direct debit. Among others, payment service providers such as PayPal, Klarna, Google Pay or Apple Pay are used.
(2) However, the Provider reserves the right to carry out delivery only against cash on delivery (immediate payment upon delivery). If it becomes known after conclusion of the contract that 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 default by the Customer, the Provider is entitled to charge default interest of 5 percentage points, if the Customer is a consumer, and 9 percentage points, if the Customer is an entrepreneur, above the base interest rate (§ 247 BGB) per annum. The right to prove higher damages is reserved.
(4) In the event of payment default or otherwise apparent lack of creditworthiness, all further claims against the Customer become immediately due.
(5) The Customer is only entitled to set-off rights with claims that are undisputed by the Provider or have been legally established against it. The Customer is only entitled to exercise a right of retention insofar as their 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 to the Customer in the order form and shall be borne by the Customer, insofar as the Customer does not exercise their right of withdrawal. From an order value of EUR 49, the Provider delivers to the Customer free of shipping charges within Germany (does not apply to B2B orders). For worldwide shipping or within the EU, international shipping costs apply.
§ 6 Delivery, Availability of Goods
(1) Stated delivery times are calculated from the time of the order confirmation, provided prior payment of the purchase price has been made. The shipping time depends on the service provider DHL and is approximately 2-4 working days after dispatch within Germany and 3-7 working days across Europe.
(2) If, at the time of the Customer's order, no items of the product selected by them are available, the Provider will inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will likewise 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, whether this takes place before or after any processing of the goods delivered under 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 assign them as security.
(3) Notwithstanding this authority to collect the claim itself, the Customer remains authorised 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 their payment obligations, no application for the opening of insolvency or similar proceedings against their assets has been filed, and no suspension of payments exists.
(4) Insofar as the aforementioned securities exceed the claims to be secured by more than 10%, the Provider is obliged to release the securities at its discretion upon the Customer's request.
§ 8 Storage of the Contract Text
The contract provisions, including details of the ordered goods and/or booked services, together with these General Terms and Conditions and the withdrawal instructions, are sent to the Customer by email upon acceptance of the contract offer or upon notification thereof.
§ 9 Warranty
(1) Insofar as the delivered goods are defective, the Customer is entitled, within the framework of statutory provisions, to demand subsequent performance in the form of remedying 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 statutory requirements are met, to withdraw from the contract.
(2) All claims for defects become time-barred two years after handover.
(3) If the Customer is an entrepreneur, it is a prerequisite for any warranty rights that the Customer duly fulfils all inspection and notification obligations owed under § 377 HGB. For entrepreneurs, the warranty period for items delivered by the Provider is 12 months.
§ 10 Limitation of Liability
(1) The Provider is liable for intent and gross negligence. Furthermore, it is liable for the negligent breach of obligations whose fulfilment is essential to the proper performance of the contract in the first place, whose breach jeopardises the achievement of the purpose of the contract, and on whose compliance the Customer may regularly rely. In the latter case, however, the Provider is only liable for the foreseeable, contract-typical damage. The same applies to breaches of duty by its vicarious agents.
(2) The above exclusions of liability do not apply in the event of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
§ 11 Raffles, Discount Codes, Giveaways and Subscriptions
Raffle or giveaway promotions 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.
With the discount code issued, the customer receives a discount of the stated amount on the entire range (sets, bundles, subscriptions, special vouchers or already reduced items as well as shipping costs are excluded). 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 stated period. Subsequent crediting is unfortunately not possible. Changes & special cases: Health Bar reserves the right to make changes to the promotion details at short notice. The promotion conditions only apply while stocks last.
Subscriptions: We reserve the right to adjust the prices for our products and services. We will inform you of price changes by email at least two weeks before the planned effective date. Unless you object to the price change within two weeks of receiving the notification or cancel the subscription, the price change shall be deemed accepted. We will expressly draw your attention to this right again in the notification. The current price is also shown on our website.
§ 12 Influencer / Affiliate Programme
(1) Definition. Health Bar operates an affiliate programme, within the framework of which selected partners (hereinafter "influencers") receive personal discount codes and affiliate links. End customers can use these during the ordering process to receive a discount on their purchase. Health Bar pays the influencer a performance-based commission for each order generated via the code or link.
(2) Discount amount and scope. Personal influencer codes grant a discount of 10% on the gross value of the eligible products (cf. paragraph 3). The discount is automatically credited in the shopping cart as soon as the code has been entered during the ordering process. The affiliate link works purely technically (tracking) but does not itself grant an automatic discount — the code must be entered explicitly to obtain the price advantage.
(3) Excluded products. Sets, bundles, subscriptions, special vouchers or already reduced items as well as shipping costs and any packaging surcharges are excluded from the discount via influencer codes. For orders consisting exclusively of excluded products, the code will not be applied. The order can nevertheless be recorded for commission purposes via the influencer's affiliate link (cf. paragraph 6).
(4) Non-combinability. Influencer codes cannot be combined with other discount promotions, special vouchers or promotional codes (e.g. newsletter codes, Christmas promotions, Black Friday reductions). Only one code can be redeemed per order.
(5) No minimum order value · Reservation of code deactivation. No minimum order value applies to the redemption of an influencer code. Health Bar reserves the right to deactivate individual influencer codes or affiliate links at any time without prior notice to end customers — in particular upon termination of the collaboration with the respective influencer or during temporary suspension in accordance with the influencer partner agreement. End customers have no claim to the permanent availability of a particular code. Orders already completed with a redeemed code remain unaffected by this.
(6) Affiliate tracking, cookie notice. When end customers click on an influencer's affiliate link, a technical cookie is stored in the browser. This cookie stores the assignment to the influencer for a period of 30 days and enables Health Bar to attribute the resulting order to the corresponding partner for commission purposes. The cookie does not store any personal data of the end customer beyond order processing. The use of this cookie is based on consent in the cookie banner (Art. 6(1)(a) GDPR; § 25(1) TTDSG). End customers can object to the setting of the cookie, in which case the order cannot then be attributed to the influencer.
(7) Transparency notice on commission payment. Health Bar pays the influencer a performance-based commission from its own funds for orders generated via their personal code or affiliate link. This commission does not affect the price paid by the end customer. The recommendation by the influencer constitutes advertising from the influencer's perspective and must be marked as such by them accordingly (cf. § 5a(4) UWG as well as the relevant media law provisions).
(8) Own use and misuse. Influencer codes are intended exclusively for use by the influencer's community. Publishing codes on commercial voucher aggregator sites (e.g. MyDealz, Sparwelt, Picodi, Gutscheinpony) is not permitted. Health Bar reserves the right to deactivate codes upon proven publication on such sites. Health Bar further reserves the right to cancel orders at its reasonable discretion if there is a legitimate suspicion of misuse. Indicators of this include, in particular, unusually frequent orders via the same delivery or billing address within a short period, orders with a recognisable intent to resell, codes evidently obtained or passed on improperly, as well as automated or bot-controlled orders. Cancellation in the event of misuse does not affect the statutory right of withdrawal.
(9) Right of withdrawal. The end customer's statutory right of withdrawal under §§ 312g, 355 BGB remains unaffected by the use of an influencer code or affiliate link. In the event of a withdrawal, any basis for commission towards the influencer lapses.
(10) Data protection. Within the framework of an order via an influencer code or affiliate link, Health Bar additionally processes the code used or the affiliate link clicked, as well as the information that the order was attributed via the affiliate tracking system. The data is transmitted to our affiliate tracking service provider GoAffPro (operator: GoAff Inc.) for the purpose of calculating commission. A transfer to third countries outside the EU/EEA may take place in this context; it is carried out on the basis of the EU Standard Contractual Clauses (Art. 46 GDPR). Health Bar does not pass on any personal data of the ordering end customers to the influencer. The influencer only learns how many and which products were ordered via their code or link, as well as the commission amount calculated from this. End customers can find further information on data processing in our Privacy Policy.
§ 13 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. For customers who are entrepreneurs, there is no right of withdrawal.
(2) The withdrawal period is fourteen days from the day on which the Customer or a third party named by them, other than the carrier, took 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 declaration (e.g. a letter sent by post, fax, email or the customer account). The Provider can be reached at:
Health Bar GmbH
service@health-bar.com
The Customer may use the attached sample text for this, although this is not mandatory. Appendix
(4) To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period expires.
(5) Pursuant to § 312g(2) no. 3 BGB, there is no right of withdrawal for contracts concerning the supply of goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. This concerns in particular foodstuffs such as tea or other products that, through the opening of the packaging, are inseparably linked to the aforementioned protective provisions. A return is therefore only possible if the seal remains intact.
§ 14 Consequences of Withdrawal
(1) If the Customer withdraws from this contract, the Provider shall repay to the Customer all payments received from them, including the delivery costs (with the exception of the additional costs resulting from the Customer choosing a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from this contract was received by the Provider.
(2) The same means of payment used in the original transaction will be used for this repayment, unless expressly agreed otherwise with the Customer; under no circumstances will the Customer be charged any fees for this repayment. The Provider may refuse repayment until it has received the goods back 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 Provider without undue delay and in any event no later than fourteen days from the day on which they notify the Provider of the withdrawal from this contract. The deadline is met if the goods are dispatched before the period of fourteen days expires. The Customer bears the direct costs of returning the goods.
(4) They only have to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
§ 15 Dispute Resolution
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.
§ 16 Conclusion of a Subscription
A subscription can be concluded and cancelled on our website at any time.
We reserve the right to adjust the prices for our products and services, including ongoing subscriptions, at any time. The current price is shown on our website and applies to existing subscriptions from the time of publication.
§ 17 Final Provisions
(1) The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, applies to contracts between the Provider and the Customer. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has their habitual residence as a consumer, 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 Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, where available. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become ineffective as a whole.
(4) Amendments or additions to these terms and conditions must be made in writing.
Appendix
Sample text for the withdrawal form
Heinrich-Roller-Straße 16b
10405 Berlin
service@health-bar.com:
• I/we(*) hereby withdraw from 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
(*) Delete as applicable.