Terms of Sale
General Terms and Conditions of Sale
Please read these terms and conditions regarding your rights and obligations, as well as any limitations and exclusions that may apply to the sale of products by Barebells Functional Foods Deutschland GmbH.
1. APPLICABILITY AND GENERAL
1.1 The following general terms and conditions (the “ Terms and Conditions ”) apply to all contracts between you (“ Customer ”, “ you ”) and us, Barebells Functional Foods Deutschland GmbH, Mittelweg 9, 20148 Hamburg, Germany, registration number: 153423 B, VAT identification number: DE281524141 (the “ Company ”, “ us ”, “ we ”) in relation to the purchase and sale of products via www.barebells.de (the “ Website ”).
1.2 Since our products are aimed at customers who are at least 18 years old and able to conclude legally binding contracts, you can only place an order if you meet these requirements. We deliver only within Germany. We do not provide cross-border delivery outside this territory. However, customers from other EU Member States may place orders on the same terms as local customers if the order is delivered to an address within delivery territory set out in this clause or collected there by the customer or its carrier.
1.3 You must be a consumer, as these terms and conditions apply only to consumers. The term "consumer," as used here, corresponds to Section 13 of the German Civil Code ("BGB").
1.4 By placing an order by clicking the "Place order" button, you accept and agree to be bound exclusively by these terms and conditions and to comply with them. Any differing or conflicting terms and conditions shall not apply unless expressly agreed to in writing.
1.5 The version of the terms and conditions that applies to your order is the one published on the website at the time you place your order. We will not change the terms and conditions that apply to your order after the order has been placed.
1.6 You should print or save a copy of these terms and conditions for future reference. We do not save the terms and conditions for you. Click here to print a copy of these terms and conditions.
2. CONCLUSION OF CONTRACT
2.1 The presentation of products on the website does not constitute a binding offer, but merely an invitation to place orders.
2.2 You agree that by placing an order by clicking the "Place order" button, you are submitting a binding offer to purchase the products displayed in the order overview.
2.3 After receiving your order, the company will send you a confirmation email with your order number and details of the products you ordered. This automatic order confirmation only confirms that the order has been received by the company and does not constitute acceptance of your offer.
2.4 The contract is only concluded when the company accepts the offer by means of a separate email or by dispatching the products (whichever occurs first). We will accept or reject your offer within one week at the latest.
2.5 We take reasonable care to describe all products as accurately as possible. However, slight variations may occur. All product images are for illustrative purposes only. The actual product may differ from the images depending on your computer's color settings.
2.6 The company reserves the right to refuse to accept orders placed on this website, including but not limited to incorrect or incomplete product descriptions, specifications or prices and limited product availability.
2.7. While the company cannot guarantee the fulfillment of change requests after you have submitted your order on the website, please contact the company's customer service at hello@barebells.de for assistance if you wish to make changes to your order. Further information regarding returns and refunds, etc., can be found in clauses 7 and 8 below.
3. USING OUR PRODUCTS
We provide these products for domestic and private use only. Always read the label on any product you order from the website before using or ingesting it. Please consult your doctor before using any of the products.
4. PRICES AND PAYMENT TERMS
4.1 All prices published on this website are subject to change without notice. The price charged for a product is the price valid at the time of order placement, displayed during the payment process, and stated in your order confirmation email.
4.2 Prices shown on the Website include statutory VAT and all non-variable delivery, handling and other fixed costs and do not include variable (delivery) charges. The variable (delivery) charges, if any, will be added at check-out.
4.3 The time of payment varies depending on the payment method you choose during the check-out process.
4.4 Your payment is handled by Shopify Payment with encryption and according to strict banking standards. We accept the following payment methods on the Website: card payment via MasterCard and VISA, Apple Pay, Google Pay, ShopPay, PayPal and Klarna.
You represent and warrant that (i) the payment card information you provide to us is true, correct and complete, (ii) you are authorized to use such payment card for the purchase of products, and (iii) any charges incurred by you will be paid by your payment card company.
When you choose a payment service provider listed above, you will do so at your choice and as their customer. The terms and conditions (including privacy policies) of the service provider apply. As between you and us, it is your responsibility to consult the respective terms and conditions. We do not assume responsibility or liability for your use of, or the services provided by, the payment service provider of your choice.
5. SHIPPING AND DELIVERY
5.1 The company will arrange for the products to be shipped to you. Currently, the company only offers shipping within Germany and Austria.
5.2 We aim for delivery within two to four working days after order confirmation, unless otherwise agreed. All delivery dates provided for the ordered products are estimates only. In the unlikely event that the delivery time exceeds 30 days, you may cancel your order. In this case, the purchase price plus shipping and handling costs will be refunded.
5.3 The costs for different shipping methods are clearly displayed during the checkout process. You will be charged all shipping costs and handling fees indicated during the checkout process.
5.4 You are solely responsible for providing us with a correct and accessible shipping address during the payment process. If the address details are incorrect, you will owe compensation for the costs of an unsuccessful delivery. If you wish to have the products reshipped, the new shipping costs will be charged again and will correspond to the originally agreed shipping costs.
6. RETENTION OF TITLE
The products remain our property until we have received full payment.
7. RIGHT OF WITHDRAWAL
You have a right of withdrawal in accordance with the following provisions:
|
Information on the right of withdrawal Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us (Barebells Functional Foods Deutschland GmbH, Mittelweg 9, 20148 Hamburg, Germany, email: hello@barebells.de, phone: +49 176 7600 87 89) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. by letter or email). You may use our electronic function “Withdraw from the contract” on our website (you can access this form by clicking here). It is not mandatory to use any specific form or method of contact, as long as your message is clear and unambiguous. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery we offer). The reimbursement will be made without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from the contract. We may withhold reimbursement until we have received the products back from you, or until you have provided proof that you have returned the products, whichever occurs first. We will carry out such reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. You must return the products to us without undue delay and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you return the goods before the 14-day period has expired. You will bear the cost of returning the products. You are only liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products. |
8. RETURNS AND REFUNDS
8.1 Without prejudice to the statutory rights under §434 ff BGB, a product ordered on the website that is defective can be returned to the company free of charge with a claim for a refund, provided that the product is returned within 30 days of receipt of the defective product.
8.2 If you wish to return a faulty product, you must contact us at hello@barebells.de before returning any faulty products.
8.3 As we sell food products, the health and safety of our customers is very important to us. For health and hygiene reasons, we sell our products sealed. Therefore, we only accept returns in accordance with the above if the product is in a resalable condition when we receive it. This means that the product packaging and any plastic seal/cellophane wrapping covering such packaging must be intact and not broken or damaged.
8.4 You must obtain proof of your postage receipt when you send your item to us. Providing proof of postage receipt is free, but without it, in the rare event that your item is lost in transit, we may not be able to process your refund or replacement.
9. LIMITATION OF LIABILITY
9.1 We are only liable for intent and gross negligence.
9.2 In any other case, unless otherwise specified above, the company may only be held liable for breach of a contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which the parties can regularly rely (so-called cardinal obligations), limited to compensation for foreseeable and typical damages. In all other cases, the company's liability is excluded, subject to the foregoing provision.
9.3 The limitation of liability does not apply to damages resulting from death, personal injury or damage to health, or from the German Product Liability Act.
10. INTELLECTUAL PROPERTY
All intellectual property rights, such as copyrights and trademarks, on this website remain with the company and its subsidiaries or licensors. Any use of the website or its content, including copying or storing such content in whole or in part, except for your personal, non-commercial use, is prohibited without the company's written consent.
11. ENFORCEABILITY AND SEPARABILITY
11.1 The Company's failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of its future enforcement of such right or provision. Any waiver of such right or provision shall only be effective if it is in writing and signed by a duly authorized representative of the Company. Unless expressly provided in these Terms and Conditions, the exercise of any remedy under these Terms and Conditions by either party shall not affect its other remedies under these Terms and Conditions or otherwise.
11.2 If any provision or condition in these terms and conditions is declared invalid, void, or unenforceable, that provision or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions or conditions. The parties undertake to replace the invalid provision with a valid provision that most closely reflects the intended economic purpose.
12. APPLICABLE LAW AND LANGUAGE
12.1 All matters arising from your use of this website (including all contracts concluded between you and us via the website) are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions that restrict the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer has their habitual residence as a consumer, remain unaffected.
12.2 All contracts are concluded in German. Translations of these terms and conditions into other languages are for informational purposes only. In the event of any discrepancies between the German text and the translations, the German text shall prevail.
13. CONTACT
All feedback, comments, customer service inquiries and other communications relating to these terms and conditions should be sent to hello@barebells.de.