Terms of service

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 the „Provider“ – and the customers referred to 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 goods and services ordered cannot predominantly be attributed to their commercial or self-employed professional activity. A business, on the other hand, is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity. Business status can be proven, for example, by providing a VAT ID 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 provide their personal details every time, but can log in to their customer account before or during an order using their email address and the password freely chosen at registration. Registration alone does not create any obligation to purchase the goods offered by the Provider. For information on the processing of data, the privacy notice is available at the following link https://health-bar.com/policies/privacy-policy.

for retrieval. When registering, the Customer chooses a personal username and a password. The Customer is obliged to keep the password confidential and must never disclose it to third parties, i.e. persons outside their company or persons within their company who are not authorised to represent it.

(2) Registration can be deleted again at any time. If personal details change, the Customer is themselves 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 non-binding and do not constitute an offer 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. By clicking the purchase button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the details at any time. However, the offer can only be submitted and transmitted if the Customer, by clicking the corresponding button, accepts these terms and conditions and thereby incorporates them into their offer.

(2) The Provider will then send the Customer an automatic acknowledgement 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 acknowledgement of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded once the Provider issues a 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 German only. 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) For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). This company also handles customs clearance, invoicing and delivery within Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth delivery to Switzerland, we would like to transparently inform you that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the trading chain. This does not result in any additional costs for the buyer.

 

§ 4 Payment

(1) The payment methods shown during the order process are available for the Customer to choose from. Which payment methods are available in a specific case will be shown to the Customer at the latest when completing the order. There is no entitlement to the availability of a particular payment method.

(2) If a payment service provider (e.g. PayPal, Klarna) is selected, its terms of use shall apply in addition.

(3) The purchase price is due for payment upon conclusion of the contract.

(4) The Provider reserves the right to deliver only against cash on delivery (immediate payment on delivery). If, after conclusion of the contract, it becomes apparent that payment of the purchase price is at risk due to the Customer’s insufficient ability to pay, the Provider is entitled to demand advance payment or, if a deadline set for payment of the purchase price has passed without success, to withdraw from the contract. However, the Customer has the right to avert these consequences by providing security.

(5) During any period in which the Customer is in default of payment, the Provider is entitled to demand default interest at a rate of 5 percentage points above the base rate (§ 247 BGB) per annum if the Customer is a consumer, and 9 percentage points above the base rate if the Customer is a business. The right to prove higher damages is reserved.

(6) In the event of default of payment or other apparent lack of creditworthiness, all further claims against the Customer shall become immediately due.

(7) The Customer is only entitled to set-off rights with claims that are undisputed by the Provider or have been legally established against them. 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 value added tax.

(2) Shipping is at the Customer’s expense. The corresponding shipping costs are shown to the Customer on the order form and must be borne by the Customer, unless the Customer exercises their right of withdrawal. From an order value of EUR 49, the Provider delivers to the Customer free of shipping costs within Germany (does not apply to B2B orders). International shipping costs apply for worldwide shipping or shipping within the EU.

 

§ 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 DHL delivery service and is approx. 2-4 business days after dispatch within Germany and 3-7 business days within Europe.

(2) If, at the time of the Customer’s order, no units of the product they selected are available, the Provider will inform the Customer of this without delay 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 specified by the Customer in the order is only temporarily unavailable, the Provider will likewise inform the Customer of this without delay in the order confirmation.

 

§ 7 Retention of title

(1) The goods remain the property of the Provider until paid for in full.

(2) The commercial Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the commercial Customer already now assigns to the Provider all claims arising from such resale, up to the amount of the invoice value of the Provider’s claim, regardless of whether this resale takes place before or after any processing of the goods delivered subject to retention of title. The Provider accepts this assignment.

However, the commercial Customer may not pledge the goods subject to retention of title or transfer them as security.

(3) Notwithstanding this authorisation to collect the claim themselves, 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 has been filed for the opening of insolvency or similar proceedings over their assets, and no suspension of payments has occurred.

(4) Insofar as the above 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, including details of the goods ordered and/or services booked, these General Terms and Conditions and the withdrawal notice, 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 statutory provisions, to demand subsequent performance in the form of remedying the defect or delivery of goods free of defects. 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 handover.

(3) If the Customer is a business, it is a precondition for any warranty rights that the Customer duly fulfils all inspection and notification obligations owed under § 377 of the German Commercial Code (HGB). For businesses, the warranty period for goods supplied by the Provider is 12 months.

 

§ 10 Limitation of liability

(1) The Provider is liable for intent and gross negligence. It is furthermore liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract in the first place, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which the Customer may regularly rely. In the latter case, however, the Provider is only liable for foreseeable damage typical for this type of contract. The same applies to breaches of duty by its vicarious agents.

(2) The above limitations of liability do not apply to injury to life, limb or health. Liability under the German Product Liability Act remains unaffected.

 

§ 11 Prize draws, discount codes, giveaways and subscriptions

Prize draw 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 issued discount code, the customer receives a discount of the stated amount on the entire range (excluding sets, bundles, subscriptions, special vouchers and items already reduced in price, as well as shipping costs). 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. Unfortunately, retroactive crediting is not possible. Changes & special cases: Health Bar reserves the right to make short-notice changes to the promotion details. The promotion terms apply only 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 they are due to take effect. If you do not 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 in which selected partners (hereinafter “influencers”) receive personal discount codes and affiliate links. End customers can use these during the order process to receive a discount on their purchase. Health Bar pays the influencer a performance-based commission for every order generated through their code or link.

(2) Discount amount and scope. Personal influencer codes grant a discount of 10 % on the gross value of the eligible products (see paragraph 3). The discount is automatically applied in the shopping cart as soon as the code has been entered during the order process. The affiliate link works purely on a technical level (tracking) but does not itself grant an automatic discount — the code must be explicitly entered to receive the price advantage.

(3) Excluded products. Sets, bundles, subscriptions, special vouchers and items already reduced in price, as well as shipping costs and any packaging surcharges, are excluded from the discount granted through influencer codes. For orders consisting exclusively of excluded products, the code will not be applied. The order may nevertheless be recorded via the influencer’s affiliate link for commission purposes (see paragraph 6).

(4) No combinability. Influencer codes are not combinable 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 the right to deactivate codes. There is no minimum order value for redeeming 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 relevant influencer, or in the event of a temporary suspension under the influencer partnership agreement. End customers have no entitlement 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 association with the influencer for a period of 30 days and enables Health Bar to attribute the resulting order to the relevant partner for commission purposes. The cookie does not store any personal data of the end customer beyond what is required for order processing. This cookie is used on the basis of consent given via 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 can no longer be attributed to the influencer.

(7) Transparency notice on commission payments. Health Bar pays the influencer a performance-based commission from its own funds for orders generated through their personal code or affiliate link. This commission has no effect on the price paid by the end customer. From the influencer’s perspective, the recommendation constitutes advertising and must be clearly labelled as such by them (see § 5a para. 4 of the German Act Against Unfair Competition (UWG) as well as the relevant media law requirements).

(8) Personal 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 where publication on such sites is proven. Health Bar further reserves the right to cancel orders at its reasonable discretion where there is justified suspicion of misuse. Indicators of this include, in particular, unusually frequent orders to the same delivery or billing address within a short period, orders with a discernible intent to resell, codes evidently obtained or passed on improperly, and automated or bot-driven 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 owed to the influencer ceases to apply.

(10) Data protection. As part of an order placed 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 (operated by GoAff Inc.), for commission calculation purposes. This may involve a transfer to third countries outside the EU/EEA; such a transfer takes place 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 resulting commission amount. End customers can find further information on data processing in our Privacy Policy.

 

§ 13 Right of withdrawal

 

Consumers have a statutory right of withdrawal. Details can be found in the withdrawal notice, which is available at https://health-bar.com/policies/refund-policy and forms part of these terms and conditions.

 

§ 14 Dispute resolution

 

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

§ 15 Concluding a subscription

 

A subscription can be taken out 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, from the time of publication, also applies to existing subscriptions.

 

§ 16 Final provisions

(1) Contracts between the Provider and Customers are 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 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 registered office.

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

(4) Amendments or additions to these terms and conditions must be made in writing.

Appendix

Model withdrawal form

Heinrich-Roller-Straße 16b

10405 Berlin

service@health-bar.com:

•  I/we(*) hereby give notice that I/we(*) withdraw from the contract concluded by me/us(*) for the purchase of the following goods

Ordered on(*)/received on(*)

•  Name of consumer(s)

Address of consumer(s)

•  Signature of consumer(s)

           (only if this notice is given on paper)

Date

(*) Delete as appropriate.