Terms and Conditions
Status: December 01, 2022
- Scope
- Registration
- Conclusion of contract
- Delivery
- Right of withdrawal
- Prices
- Shipping costs (domestic and international)
- Terms of payment
- Coupons and discount codes
- Warranty + Liability
- Care
- Reservation of title
- Data storage
- Right of objection according to the Federal Data Protection Act (BDSG)
- Applicable Law
- Final provision
- Extra-judicial-resolution per VSBG
- Service provider Information
1. SCOPE & CONSUMER INFORMATION
1.1 We (BEARTH Concept GmbH) will execute your order in accordance with our General Terms and Conditions applicable at the time of the order. The current version of the terms and conditions of BEARTH Concept GmbH is available on our website www.bearth-clothing.com under the heading "Terms and Conditions". Our "GTC" shall apply exclusively to the entire business relationship.
Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
1.2 The customer is a consumer insofar as the purpose of the ordered deliveries cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, 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.
1.3 The German language is the language of negotiations and contracts. The following conditions also apply exclusively to all foreign transactions.
1.4 Your contract and ordering details as well as the text of the contract will be stored by us - a direct access is not possible for security reasons. However, you have the option to sign up on our website via "My account" with your user name and password and thus accessing and, if necessary, editing your profile, your address, your order history and your wish list. Your personal access data are intended only for you and must not be disclosed for third parties in access.
During the ordering process on our homepage, before you click on "buy now", you have the option of recognizing and correcting input errors before submitting the contract declaration by clicking on the "Change information" button below.
1.5 Sales via the online shop operated at www.bearth-clothing.com are currently only made by the provider to customers within the European Economic Area. The customer's billing address must therefore be within the European Economic Area.
2. ACCOUNT REGISTRATION
2.1 The registration of a user account is only permitted for unlimited legal capacity, natural persons and partnerships as well as legal persons. Minors are not allowed to register. The registration of a legal entity may only be carried out by an authorized natural person, who must be named.
2.2 When completing the registration application, you must provide truthfull, accurate, current and complete information about the data requested in the registration forms. In the case of not fully completed registrations of member accounts and in the case of implausible or incorrect information, we reserve the right to refuse the registration of a member, to cancel with immediate effect or to delete the member account after a reasonable time.
2.3 Any disruption to our homepage or further use of your user account outside of the intended use provided for in these GTC is prohibited. In particular, manipulations with the aim of causing harm, to completely or temporarily interfere with and affect the use of our website or to obtain unauthorized payments or other advantages to our disadvantage, are prohibited. Infringements will be pursued according to both civil as well as criminal laws.
2.4 In the event of a violation of 2.1 to 2.3 or a specific suspicion of such a violation, which involves the risk of damage, we are entitled to block your user account immediately.
We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Contracts that have already been confirmed remain unaffected, however.
You can delete your user account at any time via customer service. Please also pay attention to our declarations on data protection and the cookies we use. You can also find our privacy policy and cookie policy as a link under Terms and Conditions on our website www.bearth-clothing.com .
3. CONCLUSION OF CONTRACT
3.1 Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not constitute a legally binding offer.
3.2 You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, by clicking on the "buy now" button you make a binding offer to conclude a purchase contract for the desired goods.
3.3 We are entitled to accept your offer within 5 working days by sending a contract confirmation (by post or email) and by executing the order. If your offer is not accepted by us within 5 working days, the offer is considered rejected. No sales contract is concluded for products that are not listed in the order confirmation.
DELIVERY
4.1 We deliver goods that are in stock within Germany within 1-3 working days after conclusion of the contract via DHL GoGreen. When paying in advance, the delivery time shall extend from the date of receipt of payment in our account. Different delivery times shall be specified in the context of the item description.
When shipping outside of the Federal Republic of Germany and within Europe, delivery usually takes 5-7 working days if the goods are available.
4.2 If you order a product that was available according to the item description and we are not supplied with this product by our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to have a comparable product delivered, we will refund any amounts already paid without delay. In this case, too, there is the right to withdraw from the contract.
4.3 We are entitled to make partial deliveries or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you.
4.4 The delivery time is extended appropriately if the delivery is affected by force majeure. In particular, subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, obstructions to transport, changes in legal provisions, official measures or ordinances or the occurrence of other unforeseeable events that are beyond our control and, from an objective point of view, are not equivalent to force majeure have been culpably brought about by us. Should one of the above described cases arise, we will inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, or if compulsory liability applies in foreseeable damage typical for contracts, for legal reasons, due to the mandatory liability.
5. RIGHT OF WITHDRAWAL
Consumers have a statutory right of withdrawal. You can find the relevant instructions and a sample withdrawal form here .
6. PRICES
All prices quoted are in euros and include value-added tax. Postage and shipping costs are added according to the following list under § 7.
7. SHIPPING COSTS (DOMESTIC AND EUROPEAN COUNTRIES)
7.1 The ordered goods are shipped free of charge.
7.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
8. PAYMENT TERMS
8.1 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date.
8.2 In the event of default, we are entitled to demand interest of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at an interest rate of 8 percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by delay, § 288 Para. 3, 4 BGB.
8.3 You will be informed of the payment options during the ordering process in our online shop.
8.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
8.5 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify" ). You will be informed of the individual payment methods offered via Shopify in our online shop. To process payments, Shopify can use other payment services for which special payment terms may apply, to which you as a customer may be referred separately. Further information on "Shopify Payments" is available online at https://www.shopify.de/payments.
8.6 Payment via Klarna: We offer direct debit and purchase on account via Klarna. In order to be able to offer you Klarna's payment methods, we transmit your personal data in the form of contact and order information to Klarna when you make the payment. This allows Klarna to assess whether you are eligible for these payment methods and how you can use them. Your transmitted personal data will be processed in accordance with Klarna's data protection declaration.
8.7 We reserve the right not to make individual payment methods available in individual cases or to refer to other payment methods.
8.8 All payments are to be made to BEARTH Concept GmbH without deduction. A payment is only deemed to have been made when we can freely dispose of the amount.
9. VOUCHERS AND DISCOUNT CODES
9.1 Vouchers are gift vouchers that the customer can purchase. Discount codes are promotional vouchers that cannot be purchased, but are issued by us as part of our advertising campaigns.
9.2 Discount codes are subject to separate regulations, which are communicated in connection with the respective campaign. The respective conditions for redeeming vouchers and discount codes may vary and are found in connection with the voucher or discount code. Unfortunately, discount codes cannot be applied retrospectively.
When redeemed, discounts are deducted proportionately from the unit prices of the products in the shopping cart for which the discount code is valid. This proportionate credit also applies if the minimum order value for a campaign has already been reached with one of the products ordered. When returning a product or products for which a discount code has been redeemed, the price of the relevant product or products reduced by the discount will be refunded. A (proportional) refund or reactivation of the discount code will not take place in this case.
10. WARRANTY & LIABILITY
10.1 The warranty is based on the statutory provisions. In the event of complaints, we ask for proof of the purchase date by the means of an invoice and sending the item complained about together with a copy of the invoice to:
BEARTH Clothing Fulfillment
c/o Q:marketing Aktiengesellschaft
Düsseldorfer Straße 193
45481 Mülheim an der Ruhr
Germany
10.2 Normal wear and tear of the goods does not justify a warranty claim.
10.3 You have the right to subsequent performance and the right to withdraw from the contract or to reduce the purchase price to the extent provided for by law.
10.4 We assume no liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repairs by an unauthorized service partner.
10.5 In relation to entrepreneurs, the warranty period for material defects is reduced to 1 year unless there is a case of mandatory liability, as provided for in Section 478 BGB in particular. Claims for damages also remain unaffected by the shortened limitation period.
10.6 If the customer is an entrepreneur, he must examine the services provided immediately after delivery, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify us immediately. If the customer fails to do so, the service is deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect appears later, the notification must be made immediately after discovery; otherwise the service shall be deemed to have been approved, even in view of this defect. The timely dispatch of the notification is sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects do not apply if a defect has been fraudulently concealed or the customer is a consumer.
10.7 Further claims, in particular due to consequential damage caused by defects, are generally excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations by us, as well as in the event of injury to life, limb or health. Your statutory right to withdraw from the contract remains unaffected. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance you regularly trust and may trust.
10.8 We exclude our liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the event of damage caused in any other way, we are liable in the event of intent and gross negligence, including that of our vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
10.9 In the event of negligent property damage and financial loss, we and our vicarious agents are only liable if a material contractual obligation is breached, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.
11. CARE
Please note the washing instructions that you can find on the labels of the items. If care instructions are not followed correctly, modifications to the products have been made or care materials are used which we have discouraged, and/or were expressly declared to be incompatible with the purchased item or which do not meet at least average quality standards, no warranty shall be granted.
12. RESERVATION OF TITLE
The delivered goods remain our ownership until full payment has been made. If you are in arrears with the purchase price payment, we have the right to withdraw from the purchase contract and to demand that you return the goods that have not yet been paid for. You are obliged to treat the unpaid goods with care.
13. PRIVACY, ADVERTISING BY EMAIL
13.1 We strictly adhere to the privacy laws. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for processing your order. We store your order and address data for use in order processing (also by transmission to the order processing partner or shipping partner used), for any warranty claims and for product recommendations to customers in accordance with the content of our data protection declaration and the applicable data protection laws.
13.2 Our privacy policy and cookie policy can be found here .
14. RIGHT TO INFORMATION, REVOCATION AND OBJECTION ACCORDING TO THE FEDERAL DATA PROTECTION ACT (BDSG)
You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.
You also have the right to object to the processing or use of your personal data for advertising or market and opinion research purposes, as well as address trading and commercial data processing.
You can also object to the collection, processing or use of your personal data at any time if an examination shows that your interest worthy of protection due to your special personal situation outweighs the interest of the responsible body in the collection, processing or use. This does not apply if a legal provision authorizes or obliges collection, processing or use.
Furthermore, you have the fundamental right to revoke your previously given consent to the collection, processing and use of your personal data at any time with effect for the future.
You can also find our data protection declaration and our cookie policy as a link under Legal on our website www.bearth-clothing.com .
15. APPLICABLE LAW
15.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
15.2 The place of jurisdiction for all claims arising from or based on this business relationship, including those from bills of exchange and checks, is Düsseldorf, Germany, provided you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court responsible for your registered office.
Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
16. FINAL PROVISION
The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a provision be wholly or partially ineffective, the contractual partners will immediately endeavor to achieve the economic success sought with the ineffective provision in another, legally permissible manner.
17. EXTRA-COURT DISPUTE RESOLUTION ACCORDING TO VSBG
17.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts, in which a consumer is involved.
17.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
18. SERVICE PROVIDER INFORMATION
BEARTH Concept GmbH
Curt-Beckmann-Str. 20
40474 Dusseldorf
Germany
Management: Dr. Susanne Dworak & Bettina Schink
Commercial Register: District Court Düsseldorf HR B 97972
VAT ID number: DE 355234215
Email: info@bearth-clothing.com
Status: December 2022
BEARTH® is a registered and protected trademark.