Terms of service
1. Scope of application
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
In relation to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Holger Bär.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order details and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible on the Internet.
4. Delivery conditions
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
In principle, you have the option of collection from Holger Bär, Rebenstraße 47, 95326 Kulmbach, Germany during the following business hours: by arrangement.
The following payment methods are basically available in our shop:
If you choose the prepayment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Cash payment on collection
You pay the invoice amount in cash on collection.
6. Retention of title
The goods remain our property until they have been paid for in full.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory warranty law applies.
When buying used goods by consumers, the following applies: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of willful or grossly negligent breach of duty as well as fraudulent intent
in the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may trust regularly (cardinal obligations)
within the scope of a guarantee promise, if agreed
as far as the scope of the product liability law is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of willful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is increased limits the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.