Online Terms & Conditions
§ 1 Area of application
1. These terms and conditions apply to all contracts concluded via our Online Shop. Contacts are entered into with
Hotel Bareiss GmbH,
Managing Director: Hermann Bareiss, Hannes Bareiss
AG Stuttgart, HRB 430838
2. The valid version of the terms and conditions at the time of ordering shall prevail. Terms and conditions stipulated by the customer are not accepted.
§ 2 Order and Conclusion of Contract
1. The presentation and advertising of foods and other articles in our Online Shop does not constitute a binding offer to sell these products. A contract is only concluded when we accept your order by sending you an order acceptance or by delivering the ordered products.
2. By submitting your order to our Online Shop you transmit a legally binding order that remains binding for you for two weeks from time of ordering. This does nor affect any right to cancel you may have according to § 5.
3. We will promptly confirm by email the receipt of your order received via our Online Shop. Such a confirmation does not constitute a binding acceptance of the order.
§ 3 Terms of Payment / Setoff
1. All prices shown in our Online Shop are gross incl. statutory VAT. Delivery charges will be added.
2. You will find the relevant delivery charges in our Online Shop. Before you submit your order, you will be shown the price incl. of VAT and arising delivery charges, together with your other order details.
3. We only accept payments by EC/Maestro card or by certain credit cards (Visa and MasterCard). The card details requested in the order form must be entered correctly and truthfully. We shall be entitled to request the card company to process the payment on your behalf before the ordered goods are sent out.
4. You are not entitled to setoffs, unless your counterclaim is undisputed or has been established by a court of law.
§ 4 Terms of Delivery
1. We deliver all ordered goods to the delivery address you have provided.
2. The order form automatically shows the expected date on which the goods will be ready for dispatch. The goods will arrive two days after the notified expected dispatch date. This delivery time is however only approximate.
3. Should we, having entered into a sales contract with you, be unable to deliver or deliver on time an item you have ordered, even though we previously entered into a buying contract with a supplier, we shall be released from our delivery obligation. In such a case we will be obliged to advise you immediately of the non-availability of the article and to refund any consideration paid without delay.
§ 5 Right to Cancel
1. If you are a consumer (i.e. a natural person who orders goods for a purpose that is not connected to commercial business or self-employed operations) the legal framework gives you a right to cancel.
2. When exercising your right to cancel you will however, in accordance with the right to cancel instructions set forth below, have to bear the costs of returning the goods.
3. The right to cancel is furthermore governed by the regulations detailed in the following Information on Cancellation Rights:
(1) Cancellation Right:
You can cancel the contract you have entered into, without stating any reasons, within 14 days either in writing (e.g. letter, fax email) or – if you received the item in question before the passing of the term – by sending back the goods. The term starts when receiving this instruction in written form, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as our duties under § 312e (1) sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the notice of cancellation or the goods is sufficient for the purposes of compliance with the time limit for cancellation.
The notice of cancellation must be addressed to:
Hotel Bareiss GmbH
Fax: +49 (0) 7442 47-320
(2) Consequences of Cancellation
In the event of valid cancellation, the payments/services received by each party must be returned and any benefits (for example interest) must also be returned. If you are unable to return services or benefits (for example usage benefits) to us or can only do so in part or in deteriorated condition, you must compensate us for any such loss incurred. You must only pay compensation for the deterioration of the goods (and for usage) if the usage or deterioration was caused by handling the goods over and above an inspection of its properties and function. “Inspection of properties and function” means testing the goods concerned in a manner which is possible and normal in a shop, for example. Items which can be sent by parcel must be returned to us at our risk. You must pay the costs of the return if the supplied goods were what you ordered and if the price of the returned items does not exceed an amount of EUR 40 or, if the goods are of a higher price, you have not paid the price or paid an instalment agreed by contract at the time of the cancellation. Otherwise the return will be free of charge for you. Goods which cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be satisfied within 30 days. This period will start for you when you send your notice of cancellation or the goods and for us it will start when we receive either the notice of cancellation or the goods.
- End of Information on Cancellation Rights -
Note on legal exceptions to the Right of Cancellation:
According to legal provisions (§ 312d (4) no. 1 and no. 2 BGB) you have no right to cancel under a distance selling contract for the delivery of goods which were produced according to your specifications or are clearly tailored to your personal needs or which are not suitable for a return due to their very nature or are perishable or whose expiry date would be exceeded.
§ 6 Material Defects and Deficiencies in Title
Should any items delivered have any material defects or deficiencies in title, you shall have full recourse to the exercise of all existing legal rights.
§ 7 Governing Law and Place of Jurisdiction
(1) The contract is governed by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have ordered goods as a consumer and are at the time of ordering ordinarily resident in a different country, the application of mandatory national legal regulations of that country will not be affected by the choice of governing law in sentence 1.
(2) If you are a trader and at the time of ordering ordinarily resident in Germany, jurisdiction resides solely in the competent local courts for our company’s place of business. In such a case we are however entitled to bring action before other locally competent courts as well. Otherwise the applicable legal regulations for local and international jurisdiction apply.
Hotel Bareiss GmbH, as of November 2011