SCOPE AND SUPPLIER
These terms and conditions, as amended, apply to all deliveries of products and services which you agree with BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen, Germany (Bär GmbH) via our online shop. The contractual partner for all orders placed via our online shop at www.baer-shoes.com is BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen, Germany, represented by its managing directors, Christof and Sebastian Bär (hereinafter ‘the Seller’). Our offering is aimed solely at individuals aged 18 or above. The language of the contract is exclusively German. In the context of these terms and conditions, a customer may be either a consumer or a business client (hereinafter ‘the Customer’). For the purpose of these terms and conditions, consumers are natural persons who conclude contracts for a purpose which is unrelated to their commercial or professional activities. For the purpose of these terms and conditions, business clients are natural or legal persons or incorporated companies who conclude a contract with the Seller in their commercial or self-employed capacity.
OUR PERSONAL SERVICE PROMISE
The trained service team at our BÄR workshop will provide you with information in response to any questions you may have about leather, shoe care and trying on footwear. They can also provide expert advice on repairs or orthopaedic adjustments. You can also place an order with them directly and receive immediate delivery information.
Customer service contact details:
Email: [email protected]
Telephone: +49 (0)7142 95 66 10 (charges depending on country of origin)
Fax: +49(0)7142-95 66 22 (charges depending on country of origin)
Monday to Friday from 8 am until 6 pm
Saturdays from 8 am until 2 pm
Please contact us if you have any other questions, issues or complaints. We are available Monday to Friday from 8 am until 6 pm and on Saturdays from 8 am until 2 pm. Call +49 (0)7142 95 66 10 (charges depending on country of origin) or email [email protected].
CONCLUSION OF THE CONTRACT
A sale contract is concluded when the Seller accepts the Customer’s order in our online shop (https://baer-schuhe.de/). The presentation and pricing in the online shop do not constitute an offer in the legal sense. You will receive an email confirming receipt of the order and acceptance of the order (conclusion of a contract with us).
When you find a product that interests you, you can click on the product name or product image to take a closer look at it without any obligations. You can put the item in your shopping basket by clicking on the button [Add to basket]. You can view the contents of the shopping basket in the window which opens immediately afterwards or by clicking on the basket icon. Products can be removed or edited by using the ‘X’ button or changing the quantity. The shopping basket can also be amended using the button [Edit basket]. If you want to order the products in your shopping basket, go to the ‘Shopping basket’ page then click on the button [Place order].
As you proceed through the ordering process, you have the option of ordering via your customer account, setting up a customer account or ordering as a guest. You subsequently enter your address and, if applicable, a separate billing address. In the last step, under ‘Check and order’, you can see your order information at a glance, check all the details again, and change or delete items by amending the quantity or using the ‘X’ button. It is also possible to correct input errors by going back in your browser or aborting the ordering process and starting again. To complete the purchase, you must accept the terms and conditions and click on the button [Order and pay now]. You only place a binding order (submit an offer) by clicking on the button ‘Order and pay now’. Doing this submits the order to us.
Once you have placed your order, you will automatically receive an email confirming that we have received your order and listing the details (confirmation of receipt). This acknowledgement does not mean that your offer to purchase the product(s) has been accepted. An effective contract is only concluded when we send you another email confirming your order or a request for payment with all the contractual order details.
As the Customer, you can also contact the Seller by telephone, email, fax or letter to enquire about a certain item. On receiving an enquiry of this kind, the Seller will send the Customer a corresponding offer by email, letter or fax. A contract is only concluded if the Customer accepts this offer.
SAVING THE CONTRACTUAL TEXT
The contractual text is saved. However, it is not available to the Customer and cannot be accessed once the order has been completed. You can print it out in the final stage of the ordering process, before submitting your order to us. We will send you an order receipt by email, followed by an order confirmation email containing all the order details and the complete contractual text, the terms and conditions, and key information about the contract. You can also print out both the order and the terms and conditions before submitting your order to us. Our current terms and conditions can be viewed, saved and printed on the website http://www.baer-schuhe.de/agb/ at any time.
RIGHT OF WITHDRAWAL FOR CONSUMERS
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
You have the right to cancel this contract within fourteen days without providing a reason. The fourteen-day cancellation period begins on the day on which you – or a third party named by you who is not the carrier – took receipt of the goods.
To exercise your right to cancel, you must contact us (BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen, telephone: +49 (0)7142 95 66 10 (charges depending on country of origin), fax: +49(0)7142-95 66 22 (charges depending on country of origin), email: [email protected] ), clearly informing us (e.g. in a letter sent by post or an email) of your decision to cancel this contract. You may use the sample cancellation form, but this is not obligatory.
To comply with the cancellation period, you must send your message notifying us that you wish to exercise your cancellation right before the cancellation period expires.
Consequences of cancelling
If you cancel this contract, we are obliged to return all payments received from you, including delivery costs (except for any additional charges resulting from you selecting a different type of delivery than the cheapest standard delivery option offered by us), immediately and within fourteen days at the latest. This period starts on the day on which we received your message cancelling this contract. This refund will be issued using the same method of payment that you selected for the original transaction, unless we have explicitly made alternative arrangements with you. Under no circumstances will you incur any charges in connection with this refund. We can withhold repayment until we have received the goods or until you provide proof that you have returned the items, whichever happens first.
You must return the goods to us immediately and in any case within fourteen days of informing us that you wish to cancel this contract. To comply with this deadline, it is sufficient for you to dispatch the goods within the fourteen-day period. The return shipment and any applicable customs duties must be paid by you.
You will only have to pay for any loss in the products’ value if this loss of value is attributable to you handling the goods in a way which was not necessary to check the products’ features, properties and functionality.
Sample cancellation form
(If you want to cancel the contract, please complete and return this form.)
To: BÄR GmbH
Pleidelsheimer Straße 15
Telephone: +49 (0)7142 95 66 10 (charges depending on country of origin)
Fax: +49(0)7142-95 66 22 (charges depending on country of origin)
E-mail: [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if completing the form on paper)
(*) Delete as appropriate.
DELIVERY, DELIVERY TIME, PARTIAL DELIVERY
Deliveries outside Germany take up to three weeks.
If you have any questions, please contact us by telephone on +49 (0)7142 95 66 10 (charges depending on country of origin) or fax +49 7142 95 66 22 (charges depending on country of origin).
We may make partial deliveries if it is reasonable to do so. Any additional shipping costs are, of course, met by us. The risk of loss of the goods passes from the respective carrier to you when the partial delivery is handed to you.
DELIVERY, DELIVERY TIME, PARTIAL DELIVERY, DELIVERY AND SHIPPING COSTS
The products you ordered will be delivered to the delivery address provided by you. We only deliver to addresses outside Germany. Products are delivered from our warehouse. Information on the availability of specific items is provided in the product descriptions. Unless explicitly agreed otherwise, products in stock are dispatched within 5 working days of payment being authorised (if paying in advance by bank transfer: within 5 working days of payment being received). If a product is marked as out of stock in our shop, we will try to deliver it as quickly as possible. Other estimated delivery times are not binding, unless we have agreed to a specific delivery date as an exception. We may make partial deliveries if it is reasonable to do so. Any additional shipping costs are, of course, met by us. The risk of loss of the goods passes from the respective carrier to you when the delivery is handed to you. You will not be invoiced for any additional costs arising from partial deliveries.
If you place an order as a business client, the risk of accidental loss and accidental deterioration of the goods and the risk of delay passes to you when the goods are handed to the haulier, carrier or other person responsible for delivering the merchandise.
We charge delivery costs per order, impartial of the order value according to the delivery costs schedule on our shipping-list. The costs elaborated on the delivery costs schedule also apply for partial delivery caused by us. For orders outside the EU, you must bear the costs for packaging, freight, postage, customs duties, insurance and, if applicable, taxes or handling fees of the respective country. Please check the local regulations of your country.
Delivery will be made by a carrier to be selected by us to the delivery address specified by the customer when placing the order.
If you have any questions, please contact us by telephone on +49 (0)7142 95 66 10 (charges depending on country of origin) or via fax on: +49 7142 95 66 22 (charges depending on country of origin).
3-YEAR QUALITY GUARANTEE, WARRANTY
Original BÄR footwear is carefully made by hand by skilled shoemakers. Each of our styles comes with a 36-month guarantee from the date on the invoice. If the product is faulty you can also contact us in connection with the statutory warranty, regardless of whether you are entitled to make a claim under the guarantee or choose to do so. Our Joe Nimble® sports brand comes with a 24 months warranty.
The guarantee states that the products advertised by us are free from defects – including their functionality – and free from material or production faults. This guarantee does not affect your statutory rights.
If quality defects arise despite correct use, we undertake to repair, exchange or replace the items free of charge, provided the item in question is returned along with the invoice.
This does not include normal wear and tear, incorrect use and attempted repairs by the Customer or third parties. As part of our guarantee, we promise to repair the product or, at our discretion, replace it with an item of equivalent value free of charge. To make a claim under the guarantee, you must enable us to check this claim by sending us the goods and proof of purchase (invoice). Please ensure the goods are packed securely to prevent transport damage. If the claim is upheld, we will pay the cost of sending in and returning the merchandise and assume the transport risk, provided the goods are transported by our chosen carrier.
Whatever the case, you can rely on the BÄR workshop at all times – before, during and after your purchase.
Unless agreed otherwise, your warranty rights are based on the statutory provisions for the sale of goods.
If you order goods from us as a business client, the following applies: the merchandise supplied must be inspected by the Customer immediately on receipt insofar as this is feasible in the course of normal business. If a defect is identified, we must be notified straight away. If the Customer fails to notify us, the goods are considered to have been approved, unless the defect was not apparent in the course of the inspection. Should any such defect become apparent at a later date, the Customer must notify us as soon as it is found. Otherwise, the goods are considered to have been approved despite this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The Customer still has an obligation to inspect the merchandise if a business client has recourse to Section 478 of the German Civil Code (BGB). In such cases, if the Customer fails to notify us immediately of the defect reported by their buyer, the goods are deemed to have been approved despite this defect. If a defect exists, we are entitled to choose how it will be rectified, taking into consideration the nature of the defect and the Customer’s legitimate interests. In the context of these agreements, rectification is deemed to have failed following the third unsuccessful attempt. The above does not apply in the case of recourse to Section 478 BGB. When rectifying defects, we are only obliged to meet the necessary expenses – in particular transport, travel, labour and material costs – insofar as these are not increased by the item having been taken to a location other than the Customer’s residence or commercial premises to which it was delivered. However, the above clause does not apply in the case of recourse to Section 478 BGB. The Customer’s claims for defects – including claims for damages – lapse after one year. This does not apply in the case of recourse to Section 478 BGB, nor in cases relating to Sections 438(1)(2) BGB and Section 634a(1)(2) BGB. Furthermore, this does not apply to claims for damages due to injury to life, limb or health or resulting from gross negligence or intentional dereliction of duty on our part or by our vicarious agents.
TERMS OF PAYMENT, DEFAULT AND RETENTION OF TITLE
- Credit card
We reserve the right to reject specific methods of payment. Under no circumstances can we accept payment by cheque or cash (in any currency).
If you choose to pay by credit card (VISA, Mastercard, American Express), you will submit your credit card details to us after placing your order. The purchase price will initially be reserved on your credit card when you place your order and verify that you are the legitimate holder of the credit card. Then, following completion of the sale contract, your credit card will be charged when we dispatch the merchandise.
If you choose to pay using PayPal, you will be taken straight to the PayPal website from the order page. You can only pay using PayPal if you are already a registered PayPal user or register for this service. You will then be taken straight to the payment page, where you confirm the payment instruction. Once the order has been placed, we instruct PayPal to initiate the payment transaction, which it does automatically. You can find PayPal's terms and conditions here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
In transactions with consumers, we retain ownership of the merchandise until the invoice amount has been paid in full. If you are a business client acting in your commercial or self-employed capacity, a legal entity under public law or a collection of public assets, we retain ownership of the merchandise until all outstanding receivables from the business relationship with the purchaser have been paid. The corresponding security interests are transferable to third parties.
If you are a consumer, interest of 5 percentage points above the base rate is payable on the purchase price upon default. We may charge you a dunning fee of €5 for a dunning letter sent to you after you default, unless you can prove that either no loss or a substantially lower loss was incurred.
If you are not a consumer, the interest rate during the period of default is 9 percentage points above the base rate. Furthermore, we are entitled to charge business clients who default compensation at a flat rate of €40. We reserve the right to evidence and levy a higher charge for damage caused by default.
FORWARDING YOUR DATA FOR THE PURPOSE OF A CREDIT CHECK
DAMAGE IN TRANSIT
If it is obvious on arrival that merchandise has been damaged in transit, please make a complaint to the courier straight away and contact us as quickly as possible.
Failing to make a complaint or contact us does not affect your statutory warranty rights. However, it helps us to file a claim with the carrier and/or the transport insurance company.
All details provided in the online shop are subject to store/system errors and mistakes.
All prices include value added tax (Germany). Costs for packaging, shipping, freight, postage, customs duties, insurance and, if applicable, taxes or handling fees of the respective country are not included. Please check the local regulations of your country.
Merchandise remains the property of BÄR GmbH until payment is received in full.
When you place your first order, we will ask for your date of birth and your landline number. Providing this information is not obligatory, but it helps us to conduct credit checks, verify our contractual partner as required by data protection legislation, and therefore ultimately enhance your security and ours. We store data for the duration of the contractual relationship with you or until you opt out of its storage. If you place an order in writing, please make sure you also provide this data. Please note that we cannot deliver more than 2 pairs of shoes to first-time customers.
The packaging used for our BÄR footwear is environmentally friendly. It is as small and light as possible and contains no harmful or foreign substances. Folded flat, it is easy to recycle with other paper. Alternatively, you can return the packaging to us.
CODES OF CONDUCT
Our online store www.baer-schuhe.de is an EHI-certified shop. To qualify for this trust mark, we are regularly checked by EHI Retail Institute to ensure that we comply with the criteria of the EHI code of conduct. You can read the code of conduct here: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.
GENERAL INFORMATION ABOUT OUR PRODUCTS:
For the sake of your feet, we do not use chemical additives. This means that there may be some colour transfer from dark leather used inside our footwear or as a lining. This may also occur with leather accessories such as rucksacks and handbags.
We reserve the right to make minor changes or to alter the material, cut or workmanship of our products for the sake of improving them.
As the breathability and softness of the leather is our priority, it is impossible to rule out the possibility of moisture penetrating it. We only use natural leather, so there may be some variations in the colour or grain. This is a sign that our materials are authentic.
LIABILITY, COMPENSATION FOR DAMAGES AND REIMBURSEMENT FOR EXPENSES
If you are a consumer, we are liable for damages as per the legal provisions.
If you place an order as a business client, the following applies to our contractual liability for damages: If the claims arise from gross negligence or an intentional dereliction of duty on our part or by our vicarious agents, we are liable for damages as per the legal provisions. If we, our representatives or our vicarious agents neglect a duty through carelessness whose fulfilment was fundamental to the proper performance of the contract, whose neglect jeopardises achievement of the contractual objective and which the Customer might reasonably expect to be fulfilled, liability is limited to the foreseeable level of damage which might typically result. Unless stated otherwise above, we accept no liability for damages. The same applies if claims are made against us as a supplier under the right to recourse pursuant to Section 478 BGB. The disclaimers and limitations of liability set out in section X above also apply to other claims, especially claims in tort or claims to compensation for wasted expenditure in lieu of performance.
The disclaimers and limitations of liability above do not apply to any claims pursuant to Sections 1 and 4 of the German Product Liability Act or in connection with culpable injury to life, limb or health. Furthermore, they do not apply if we have provided a guarantee for our products’ features, successful performance or a procurement risk and the Customer is entitled to make a claim under the guarantee or the procurement risk has materialised. These provisions are subject to us receiving the correct goods in a timely fashion from our supplier, unless we are responsible for the incorrect and/or delayed delivery. Except in the case of claims under the manufacturer’s liability as per Section 823 BGB, to which the clause restricting liability does not apply, our liability is limited to the compensation provided by insurance. If this does not apply or does not apply in full, we are liable up to the sum insured. This section does not apply to culpable injury to life, limb or health. Insofar as our liability is excluded or restricted, this also applies to the personal liability of our employees, staff, workers, representatives and vicarious agents. No reversal of the burden of proof is associated with the above provisions.
FINAL PROVISIONS, PLACE OF JURISDICTION
If one or more of the provisions in these terms and conditions is or becomes void, this shall not affect the validity of the other provisions. Where any provisions are invalid, the content of the contract shall be deemed according to statutory provisions.
German law shall apply, to the exclusion of the UN Sales Convention. In dealings with customers who are not acting in a professional or commercial capacity (consumers), this choice of law shall not affect the binding provisions of the law of the state in which the Customer ordinarily resides. If the Customer is a businessperson, a legal entity under public law or a collection of public assets, the place of jurisdiction for all disputes arising from the contractual relationship shall be determined by the location of our company’s registered office in 74321 Bietigheim-Bissingen, Germany.
In dealings with customers who are not acting in a professional or commercial capacity (consumers), this choice of law shall not affect the binding provisions of the law of the state in which the Customer ordinarily resides.
Alternative dispute resolution and ODR platform
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr. "We are not willing to participate in a dispute resolution procedure before a recognised consumer arbitration board.