Scope of application
(1) The goods and services offered by Barb‘One GmbH (limited liability) (hereinafter: Barb‘One) are based exclusively on the following terms and conditions.
(2) Conditions of the customer that contradict or deviate from these conditions will not be recognized unless Barb‘Onen has previously agreed to their validity in writing. If Barb‘One makes deliveries to the customer without reservation, although Barb‘One is aware of the customer's terms and conditions, this does not constitute approval of conflicting or deviating conditions on the part of the customer. In this case, too, these terms and conditions apply exclusively.
§ 2 Conclusion of a contract
Upon receipt of the order form signed by the customer at Barb‘One or its representatives, the customer submits a binding offer to order the goods and services listed in the order form. Barb‘One can accept the customer's offer by sending an order confirmation or by delivering the goods within 16 weeks.
§ 3 delivery and transfer of risk
(1) Unless otherwise expressly agreed in writing between the parties, deliveries are made from our warehouse in Germany at the customer's risk and expense. Delivery times are only binding if and to the extent that they have been declared or confirmed by Barb‘One in writing.
(2) Barb‘One's delivery obligation is subject to correct and timely delivery to itself. If Barb'One is unable to deliver for which it is not responsible because a supplier has not fulfilled its contractual obligations, although Barb'One has agreed on a congruent hedging transaction, Barb'One is entitled to withdraw from the customer towards the customer Contract entitled. Barb'One is also entitled to withdraw from the contract if, after the conclusion of the contract, a supplier is prevented from placing the order due to unforeseen circumstances outside the sphere of influence of Barb'One (e.g. war, riot, strike, lockout, official measures, unforeseen weather conditions or similar circumstances) To deliver goods or the Barb'One itself is prevented from delivering by such circumstances. Barb‘One will inform the customer immediately in such cases and reimburse payments already made. In the event of a delivery delay caused by the aforementioned circumstances by more than 4 weeks after the conclusion of the contract, the customer is also entitled to withdraw from the contract.
(3) The risk of loss or deterioration is transferred to the customer as soon as the goods have been handed over by Barb‘One to the person or the transporter appointed to collect or carry out the delivery. This also applies to any deliveries made by Barb‘One's own vehicles or carriage paid and free of packaging due to a special agreement. The handover is the same if the customer is in default of accepting the goods. This is the case if the customer does not carry out the collection offered to him in accordance with the contract on time or if a delivery is made by Barb‘One due to a special agreement and the customer does not accept this despite delivery in the agreed delivery period.
§ 4 prices and terms of payment
(1) The prices to be paid by the customer to Barb‘One are based on the current Barb‘One retailer purchase price list. The dealer purchase prices can be unilaterally changed by Barb‘One after each season. The prices quoted by Barb‘One in the currently valid price list are net prices and apply ex works / warehouse plus VAT at the statutory rate at the time the contract is concluded.
(2) Barb‘One grants a 4% discount if the invoice is paid in full within 10 days of the invoice date. Otherwise, net payments are made after 30 days. Further discounts and other reductions are only granted insofar as this has been expressly provided for in the Barb‘One price list valid at the time the contract is concluded or agreed in text form.
(3) Employees and representatives of Barb‘One are only entitled to accept payments upon presentation of a collection authorization issued by the management.
§ 5 retention of title
Barb’One retains ownership of the delivered goods until all related claims that Barb’One have against the customer from the business relationship have been met.
§ 6 Exclusion of assignment and prohibition of set-off
(1) All rights that the customer has acquired against Barb'One from and / or in connection with the contracts with Barb'One and their implementation can only be transferred to third parties if Barb'One has previously consented to the transfer in writing has.
(2) The customer is only entitled to offset and / or assert a right of retention if his counterclaims have been legally established, are undisputed or have been recognized by Barb‘One.
§ 7 Examination and Examination Obligation
(1) Any material defects or shortages must be reported to Barb‘One within 8 days of delivery; the notification must be made in writing with a description of the defects found. In addition, the regulations of Section 377 of the German Commercial Code (HGB) apply.
(2) Slight, customary deviations, in particular in shape, size, color and / or design from the samples of the goods and services known to the customer do not constitute a material and / or legal defect.
(3) In the event that a delivery at the risk of Barb'One has been agreed in deviation from these terms and conditions, the customer must, if possible, under the acceptance of recognizably damaged shipments and in cases in which transport damage becomes apparent after acceptance With the cooperation of the carrier / forwarder to prepare a written damage assessment. The customer is then obliged to hand over this damage assessment and all declarations and original documents (bill of lading, etc.) required for assertion to Barb‘One.
§ 8 Further reasons for withdrawal
If the customer acts in breach of contract, in particular in the event of default in payment, Barb‘One is entitled to withdraw from the contract and demand the return of the goods if and to the extent that the customer has not yet provided the consideration. Barb‘One is also entitled to withdraw if the customer has provided false information about his creditworthiness or if insolvency proceedings have been opened or applied for against the customer's assets.
§ 9 Material / legal defects, limitation of claims for defects
(1) Claims by the customer due to material and / or legal defects become statute-barred one year from the transfer of risk.
(2) In the event of defects in the delivered goods, Barb‘One provides a guarantee of its own choice by means of a reasonable price reduction, free rework or replacement delivery. If the repair or replacement delivery fails, the customer can demand a reduction in price.
§ 10 Limitation of Liability and Exclusions of Liability
(1) Barb'One's liability for (1) damages due to injury to life, limb or health, (2) intent, gross negligence, or (3) due to legally stipulated no-fault liability (e.g. Product Liability Act) is based on the legal regulations.
(2) Barb‘One's liability for the breach of cardinal obligations in the case of simple negligence is limited to the damage that is foreseeable and typical for the contract when the contract was concluded. Cardinal obligations are obligations, the fulfillment of which enables the proper execution of the purchase contract in the first place and compliance with which can be relied on on a regular basis.
(3) Insofar as the damage is covered by an insurance policy taken out by the customer for the relevant damage event (excluding sum insurance), Barb'One is only liable for any associated disadvantages for the customer (e.g. damage-related increased insurance premiums; interest loss for bridging finance, etc.) ). The same applies to damage caused by a defect in the delivered goods.
(4) Otherwise, claims for damages are excluded.
(5) The liability rules mentioned here also apply to affiliated companies i.S. of § 15 AktG and representatives, agents, vicarious agents or employees of Barb‘One and its affiliated companies.
§ 11 data protection
(1) Barb‘One uses the data provided by the customer during the ordering process to fulfill and process the order.
(2) The customer's data will be passed on to (i) the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods; and (ii) the company charged with issuing invoices and processing payments, insofar as this is necessary for invoicing and processing payments. In addition, customer data will not be passed on to third parties.
(3) According to the Federal Data Protection Act, the customer has the right to free information about his stored data and, if necessary, the right to correct, block or delete this data.
(4) For questions about the collection, processing or use of his personal data, for information, correction, blocking or deletion of data, please contact: Barb'One GmbH Modehandels UG (limited liability), Innenrieder Str. 1, 94227 Zwiesel - Germany, Tel .: 0049 (0) 9922-5025370, Fax: +49 (89) 954398899,
Email: email@example.com or firstname.lastname@example.org.
§ 12 final provisions
(1) The exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationships regulated by these terms and conditions is Munich. However, Barb‘One remains entitled to sue the customer at his general place of jurisdiction. (2) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.
(3) The ineffectiveness or impracticability of one or more provisions of these General Terms and Conditions does not affect the effectiveness of the remaining provisions of the General Terms and Conditions. The same applies in the event that the terms and conditions do not contain a regulation that is necessary per se. In place of the ineffective or unenforceable regulation or to fill the loophole, the statutory regulation shall apply.
(4) Barb‘One is entitled to unilaterally change these terms and conditions at any time for future orders.