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GTC

General Terms and Conditions (AGB)

of Barkarussell GmbH

§ 1 Scope of application

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Barkarussell GmbH) via the www.barkarussell.de website.

(2) Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.

§ 2 Conclusion of contract

(1) The offers presented on our website represent a non-binding invitation to you to order goods and/or services from us.

(2) By submitting your order via the “Buy now” button, you submit a binding offer to conclude a purchase contract for the goods and/or services you have selected.

(3) We will immediately confirm receipt of your order by e-mail. This e-mail does not constitute acceptance of your offer, but merely documents that we have received your order.

(4) We are entitled to accept your offer within two working days of receipt of your order by sending you an order confirmation by e-mail or by delivering the ordered goods or providing you with access to the ordered services. If the period specified in sentence 1 expires without result, your offer shall be deemed to have been rejected, i.e. you are no longer bound by your offer.

§ 3 Prices and terms of payment

(1) The prices stated on our website include statutory VAT and other price components.

(2) Payment of the purchase price can be made either by PayPal or credit card. We reserve the right to exclude individual payment methods.

(3) When paying by PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

(4) If you pay by credit card, your credit card will be charged at the time of ordering.

§ 4 Delivery and shipping conditions

(1) Unless otherwise agreed, the delivery of goods shall be made by dispatch to the delivery address specified by you. The delivery address specified in the order processing with us is decisive for the processing of the transaction.

(2) Unless otherwise stated in the offer, the delivery time is between 3 and 14 working days from receipt of payment, depending on the shipping method and destination. We are entitled to make partial deliveries insofar as this is reasonable for you.

(3) Services are delivered by providing access to our online course portal, where you can access the video courses you have ordered. You will be notified of your access by e-mail as soon as we have received your payment.

(4) The online course is available to you for a period of 12 months from the date of provision of access. After that, your right of use expires automatically.

§ 5 Retention of title

The delivered goods remain our property until full payment has been made.

§ 6 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).

(2) If you are an entrepreneur, the following applies in deviation from para. 1:

  • a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

  • b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. e-mail); timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.

  • c) In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

  • d) If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.

  • e) The warranty period is one year from delivery of the goods.

§ 7 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable – unless otherwise regulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 8 Right of withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed primarily to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you as a consumer make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return shipment.

Cancellation policy

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date,

  • on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods if you have ordered one or more goods as part of a single order and these are or will be delivered uniformly;

  • on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;

  • on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces.

To exercise the right to cancel, you must inform us (Barkarussell GmbH, Bonländer Hauptstraße 83, 70794 Filderstadt, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal expires prematurely for contracts

  • for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;

  • for the delivery of digital content that is not on a physical data carrier (e.g. video courses), if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the end of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us:

To Barkarussell GmbH, Bonländer Hauptstraße 83, 70794 Filderstadt, e-mail: [email protected]:

  • I/we (__________) hereby revoke the contract concluded by me/us (__________) for the purchase of the following goods (__________)/the 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 for notification on paper): __________

  • Date: __________

Alternative dispute resolution

In accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG:

We are prepared to participate in an out-of-court arbitration procedure.