(1) The goods and services offered by Barb'one GmbH (limited liability) (hereinafter: Barb'one) are provided exclusively on the basis of the following terms and conditions.
(2) Any conditions of the customer that conflict with or deviate from these terms and conditions will not be recognized unless Barb 'one has not previously agreed to its validity in writing. If Barb'one makes deliveries to the customer without reservation, even though Barb'one is aware of the customer's terms and conditions, this does not constitute approval of conflicting or different terms and conditions of the customer. In this case too, these General Terms and Conditions apply exclusively.
§ 2 Conclusion of contract
Upon receipt of the order form signed by the customer at Barb'one or its representatives The customer makes 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 the parties expressly agree otherwise in writing, deliveries will be made from warehouse Germany at the risk and expense of the customer. Delivery times are only binding if and to the extent that they have been declared or confirmed by Barb'one in text form.
(2) Barb'one's delivery obligation is subject to correct and timely self-delivery . If Barb'one is unable to deliver, through no fault of its own, because a supplier has not fulfilled its contractual obligations, even though Barb'one has agreed to a congruent hedging transaction, Barb'one is obliged to withdraw from the contract to the customer Contract entitled. Barb'one is also entitled to withdraw from the contract if, after conclusion of the contract, a supplier is prevented from fulfilling the ordered contract due to unforeseen circumstances beyond Barb'one's control (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 due to such circumstances. In such cases, Barb’one will inform the customer immediately and reimburse any payments already made. In the event of a delivery delay of more than 4 weeks after conclusion of the contract caused by the above-mentioned circumstances, the customer is also entitled to withdraw from the contract.< br style="-webkit-tap-highlight-color:transparent; box-sizing:border-box; text-size-adjust:100%; font-variant-ligatures:normal; text-align:start; text-decoration- thickness:initial; text-decoration-style:initial; text-decoration-color:initial" /> (3) The risk of loss or deterioration passes to the customer as soon as the Goods have been handed over by Barb'one to the person or carrier designated to collect or carry out the delivery. This also applies to any deliveries made by Barb’one’s own vehicles or free of freight and packaging based on a special agreement. The handover is deemed to be the same if the customer defaults on 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 based on a special agreement and the customer does not accept it despite delivery within the agreed delivery period.
§ 4 Prices and payment terms
(1) The prices to be paid by the customer to Barb'one result from the respective valid dealer purchase price list from Barb'one. Dealer purchase prices may be unilaterally changed by Barb’one after each season. The prices stated by Barb'one in the currently valid price list are net prices and apply ex works/warehouse plus VAT at the rate legally applicable at the time the contract is concluded.
(2) Barb'one grants full payment of the invoice within 10 days of the invoice date 4% discount. Otherwise, if you pay after 30 days, it is purely net. Further discounts and other discounts will only be granted if this is expressly provided for in Barb'one's price list valid at the time the contract is concluded or has been agreed in text form.< /span>
(3) Employees and representatives of Barb'one are only permitted upon presentation of a certificate from management issued debt collection authority to accept payments.
§ 5 Retention of title
Barb'one reserves ownership of the delivered goods until all related claims have been fulfilled , which Barb'one has towards the customer from the business relationship.
§ 6 Exclusion of assignment and prohibition of offsetting
(1) All rights that the customer has from and/or in connection with the contracts with Barb'one and its implementation towards Barb'one can only be transferred to third parties if Barb'one has previously agreed to the transfer in text form.
(2) The customer is only entitled to offset and/or assert a right of retention if if his counterclaims are legally established, undisputed or recognized by Barb'one.
§ 7 Duty of examination and examination
< span style="float:none">(1) Any material defects or shortages must be reported to Barb'one within 8 days of delivery; the notification must be made in writing and with a description of the defects found. Otherwise, the regulations of § 377 HGB apply .
(2) Minor, customary deviations, in particular in shape, size, color and/or Design of the samples of the goods and services known to the customer do not represent a material and/or legal defect.
(3) In the event that, in deviation from these General Terms and Conditions, delivery is at the risk of Barb'one has been agreed, the customer must prepare a written statement of damage with the cooperation of the transporter/forwarding agent before accepting visibly damaged shipments and in cases in which transport damage becomes apparent after acceptance. The customer is then obliged to hand over to Barb'one this damage assessment and all declarations and original documents (waybill, etc.) required for the claim.
§ 8 Further reasons for withdrawal
If the customer behaves in violation of the contract, in particular in the event of late payment, Barb'one is entitled to be held liable to withdraw from the contract and demand return of the goods if and to the extent that the customer has not yet provided 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 filed against the customer's assets.< /span>
§ 9 Material/legal defects, limitation of claims for defects
(1) Customer claims due to material and/or legal defects expire after one year Transfer of risk.
(2) In the event of defects in the delivered goods, Barb'one will provide a warranty at its own discretion reasonable price reduction, free repair or replacement delivery. If the repair or replacement delivery fails, the customer can demand a reduction.
§ 10 Limitation of liability and exclusions of liability
(1) Barb'one's liability for (1) damages for breach of the Life, body or health, (2) intent, gross negligence, or (3) due to legally established strict liability (e.g. product liability law) is based on the legal regulations.
(2) Barb'one's liability for the violation of cardinal obligations is in the event of simple negligence limited to the damages that were foreseeable and typical for the contract at the time the contract was concluded. Cardinal obligations are obligations whose fulfillment enables the proper execution of the purchase contract and whose compliance can be regularly relied upon.
(3) If the damage is covered by insurance taken out by the customer for the relevant damage event (excluded Total insurance) is covered, Barb'one is only liable for any associated disadvantages for the customer (e.g. increased insurance premiums due to damage; interest loss for interim financing, 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 in the sense of. of Section 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 for fulfillment and Processing the order.
(2)The customer's data will be passed on to (i) upon delivery commissioned shipping companies, insofar as this is necessary to deliver the goods; and (ii) the company responsible for invoicing and payment processing, to the extent that this is necessary for invoicing and payment processing. Furthermore, 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 applicable, a right to correct, block or delete this data.
(4) If you have any questions about the collection, processing or use of your personal data, for information, To correct, block or delete data, the customer should contact: Barb'one GmbH Modehandels UG (limited liability), Färbergasse 11, 83512 Wasserburg - Germany, Tel.No. 0049(0)170-7300294 Fax no. 0049(0)89-954398899, Email: email@example.com
§ 12 Final provisions
(1) Exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationships governed by these General Terms and Conditions is Munich. However, Barb'one remains entitled to sue the customer at its general place of jurisdiction.
(2) This contract is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) The ineffectiveness or unenforceability of one or more provisions of these General Terms and Conditions renders the remaining provisions ineffective Regulations of the General Terms and Conditions are unaffected. The same applies if the general terms and conditions do not contain a regulation that is necessary in itself. The statutory regulation takes the place of the ineffective or unenforceable regulation or to fill the gap in the regulation.
(4)Barb'one is entitled to unilaterally change these terms and conditions at any time for future orders .