SCOPE AND PROVIDER
These General Terms and Conditions apply to all your purchase orders placed at the online shop BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen, Germany (BÄR GmbH) and any contract between you and us for the sale of products to you from our online shop (Contract).
Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop.
The BÄR GmbH is contractual partner for all orders made through our online shop www.baer-shoes.com. The products offered in our online shop are only available for purchase by persons who are 18 years or older.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products. A consumer is defined as an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. The sole contract language shall be English.
The skilled BÄR service team will personally provide any information concerning questions about leather, maintenance or fitting and will give qualified advice in regard to repair and orthopedic changes. Of course, you have the possibility to place your order immediately – this includes delivery information.
Contact person for customer service:
Telephone: +49 (0)7142 95 66 10 (charges depending on country of origin)
Monday to Friday from 8 am until 6 pm
Saturdays from 8 am until 2 pm
CONCLUSION OF CONTRACT
Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract. After you have placed products into the "shopping cart", you can check and, if necessary, correct your entire order. You will make an offer of purchase only by clicking the "place order" or similar button. You will be given the possibility to verify the details and check for any entry errors before placing your order.
Upon receipt of the offer of purchase, you will receive an automatically generated E-mail in which we acknowledge receipt of your order (acknowledgement of receipt). This E-Mail will also include the details of your order. The acknowledgement of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the acknowledgement of receipt.
A purchase contract for the products shall be concluded only when we expressly declare acceptance of the offer of purchase or when we ship the products to you without an express prior declaration of acceptance.
You can view and print out the currently effective General Terms and Conditions on our website terms & conditions. Conclusion of the contract will be documented and stored at our location. Upon conclusion of the contract, the text of the contract will not be filed at our location and will therefore not be accessible by you. However, you will be given the possibility to print the text of the contract before forwarding your offer.
DELIVERY, DELIVERY TIME, PARTIAL DELIVERY
For deliveries outside Germany, we will make reasonable efforts to deliver the products on a date agreed by us or, if no date is specified, we will make reasonable efforts to deliver the products up to three weeks (excluding Sundays and public holidays) after confirmation of the order.
For further inquiry, please contact us by telephone: +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).
Should not all the goods ordered be in stock, we shall be entitled to make delivery of the multiple goods in your order at different times, provided this is acceptable to you taking account of your and our interests. Any additional delivery costs will, of course, be borne by us.
QUALITY GUARANTEE, WARRANTY
The carefully hand-made original BÄR shoes are a true work of art. We offer a 36 month-guarantee on all of our models. If quality defects emerge regardless of proper care, we are obligated to repair, replace or equally compensate you free of charge, as long as the product in question is sent back to us including its receipt.
This excludes normal wear. In any case, you can count on the BÄR at any time – before, during and after your purchase. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sale of goods and other applicable laws.
We charge delivery costs per order, impartial of the order value according to the delivery costs schedule on www.baer-shoes.com/shipping-list. The costs elaborated on the delivery costs schedule also apply for partial delivery caused by us.
TERMS OF PAYMENT; DEFAULT
Payment can be made by:
- Credit card (such as Visa, MasterCard and American Express) or
We reserve the right not to offer every possible payment method to every customer. Payment by check or cash will not be accepted in any case.
When paying by credit card, the purchase price will be charged to your credit card account upon completion of your order.
If payment by Paypal is chosen, you will automatically be forwarded to the Paypal site to proceed with your payment through your Paypal account or other registered payment methods. You will be forwarded to our website to complete your order upon successful payment.
Starting February 15, 2016 the EU Commission will provide a platform for extrajudicial dispute settlement. Initially it enables consumers to resolve disputes concerning their online order without an arraignment. The platform can be reached at the following IP-address (link): http://ec.europa.eu/consumers/odr/
RISK OF TRANSPORT, DAMAGE IN TRANSIT
If products obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible. Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.
As a consumer, we are under a legal duty to supply products that are in conformity with the contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation and refund or anything else in these General Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
PRICES, SHIPPING CHARGES, RETENTION OF TITLE, DELIVERY
Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified. Delivery is possible only within the United Kingdom. Should not all the goods ordered be in stock, we shall be entitled to make delivery of the multiple goods in your order at different times, provided this is acceptable to you taking account of your and our interests. Any additional delivery costs will, of course, be borne by us.
The prices quoted on the product pages include value-added tax (where applicable) and the respective delivery charges within the United Kingdom. We shall retain title to the products until the purchase price has been paid in full.
It is always possible that, despite our reasonable efforts, some of the products in our online shop may be incorrectly priced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
Your first order will include questions about your date of birth and landline telephone number. While you are not obligated to provide this information, it could possibly be used in regard to credit assessment and verification of our contract partner for your own protection. We will save the data for the duration of our contractual relationship or until you object to the data storage. We ask you to also provide this information when placing written orders. Please take into consideration that your first order cannot include more than two pairs of shoes.
If you withdraw your order after payment, we will refund the selling price. Please provide the specific bank account information for this transaction. Of course, if no information is provided, we will transfer the amount of the selling price to your customer account. In this case you will receive a notice.
Our BÄR-shoe packaging is environmentally friendly. It is as small and light as possible as well as free of any pollutants and foreign substances. The disposal of the packaging as waste paper is easily possible when folded together. Of course, you can also return the packaging to us.
GENERAL INFORMATION CONCERNING OUR PRODUCTS:
Since we want the best for your feet and therefore forego the use of chemical additives, dark inner leather or lining leather can cause staining. Other leather products, such as backpacks or purses, cannot be excluded.
We reser minor changes or deviations in material, pattern or workmanship of our products, that serve their improvement.
due to the fact that we prefer breathable and soft leather, the possibility of intrusion of moisture cannot be ruled out. Since we only use naturally grown leather, small discrepancies in color or grain are possible. This is evidence of our material’s originality.
We accept no liability for any: loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement); loss which arises when we are not at fault or in breach of the contract; and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under any contract, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of government, and imposition of restrictions on imports or exports).
Nothing in these General Terms and Conditions limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- defective products under the Consumer Protection Act 1987.
As a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these General terms and Conditions is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens.
Should any of the provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
No person other than you and us shall have any rights to enforce any contract, whether under the contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You and we agree that any contract is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with any contract (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales. You may not assign or transfer your rights or obligations under any contract, unless we agree in writing.
If you are a consumer resident in a part of the United Kingdom other than England and Wales, any dispute between you and us arising out of or in connection with any contract (including non-contractual disputes or claims) will be dealt with by the courts located there.
We may update, vary and amend these General Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase a product from us, the General Terms and Conditions in force at that time will apply (as set out on our online shop). Please check to ensure that you understand which General Terms and Conditions apply. These General Terms and Conditions were last updated in December 2015.
PROCESSING OF YOUR DATA FOR ADVERTISING PURPOSES
We use your data to perform relevant contracts and, furthermore, for advertising purposes in order to inform you of news and offers relevant to you. Evaluation for the purposes of interest-based advertising is conducted on the basis of our legitimate interests according to Article 6(1)(f) GDPR. We may use and communicate listed address data for advertising purposes for partner companies and third parties according to Article 6(1)(f) GDPR. You can find more detailed information about how your data is used at our dataprotection. You may of course object to the use of your data for advertising purposes at any time by writing to BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen or sending an email to email@example.com.
If you have shared with us your email address as part of a purchase, we are entitled to send you information about similar products and services of ours to the email address shared during that purchase (Section 7(3) German Unfair Trade Practices Act [Gesetz gegen den unlauteren Wettbewerb, UWG]). You may at any time object to this use of your email address, either altogether or for specific activities – e.g. through email, fax or written correspondence, by writing to: BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen or by emailing firstname.lastname@example.org. You will not incur charges for this apart from the basic fees charged when sending such an objection.