Conditions of Sale

General Terms and Conditions, Online

§1 Scope of Validity

1. These General Terms and Conditions apply for all contracts completed via our online shop. Contracts are made with:

Hotel Bareiss GmbH,
Hermine-Bareiss-Weg 1 (formerly Gärtenbühlweg 14),
D-72270 Baiersbronn-Mitteltal,
Managing Directors: Hermann Bareiss, Hannes Bareiss
Stuttgart District Court, HRB 430838

2. The version of the Terms and Conditions valid at the time of ordering is applicable. Any purchaser’s general conditions are invalid.


§2 Orders and Contracts

1. The presentation and marketing of food and other articles in our online shop is not a binding offer to sell the products. A contract only exists when we have accepted your order by means of a declaration of acceptance or delivery of the ordered article(s).

2. The sending of an order via our online shop means that you are placing a legally binding order.

3. We will confirm the arrival of the order placed at our online shop promptly via e-mail. Such a confirmation does not represent any binding acceptance of the order.


§3 Terms of Payment, Invoicing

1. All prices quoted in our online shop are gross prices and include the legally applicable sales tax. Delivery costs are not included.

2. The applicable delivery costs are described in our online shop. The price, including sales tax and the applicable delivery costs, is displayed for you with the other order data before you send the order.

3. We only accept payment via EC/Maestro cards or Visa and MasterCard credit cards. The card information required in the order mask is to be provided truthfully. On the basis of this information we are entitled to arrange for the card company to make the payment for you before delivery of the ordered goods.

4. You are not entitled to make counterclaims against our claims unless your counterclaims have been adjudicated on or are uncontested.


§4 Terms of Delivery

1. We will deliver the ordered articles to the delivery address that you have stipulated.

2. The date when the ordered article will probably be available for delivery is automatically quoted in the order mask. The article(s) will reach you two working days after the possible date of availability quoted. This delivery period is, however, only approximate.

3. If, after completion of a purchase contract, we cannot deliver an ordered article, or cannot deliver it on time – despite our completion of a corresponding purchase contract with a supplier before completion of the purchase contract – we have the right to withdraw from our delivery commitment. In this case we must inform you without delay about the non-availability of the article and, if applicable, promptly repay any payment already rendered.


§5 The Right of Withdrawal (Cancellation)

1. If you are a consumer (i.e. a natural person who placed the order for a purpose that largely cannot be assigned to your commercial or self-employed work), you are entitled to make use of the right of withdrawal given the legal prerequisites.

2. The following list defines the individual legal prerequisites and regulations applicable to make use of the right of withdrawal.

Information on Cancellation:

(1) The Right of Withdrawal

You have the right to cancel this contract within ten days without giving any reasons.

If several goods ordered within a single order are delivered separately, orif one good is delivered in several partial deliveries or units,the cancellation period is 14 days after the day on which you, or a nominated third party who is not the carrier, take possession of thefinal good(s) or the final partial delivery or the final unit.

In order to take advantage of your right of withdrawal you must inform us,

Hotel Bareiss GmbH
Hermine-Bareiss-Weg 1 (formerly Gärtenbühlweg 14)
D-72270 Baiersbronn-Mitteltal
Tel.:                  +49 (0)7442 47-0
Fax:                  +49 (0)7442 47-320

by means of a clear declaration (e.g. a letter sent by post, faxed or e-mailed) about your decision to withdraw from this contract. You may use the attached sample Cancellation Form, though this is not mandatory.

To apply the right of withdrawal is it sufficient to send the information on exercising your right of withdrawal before expiry of the cancellation deadline.

(2) Consequences of Cancellation

When you withdraw from this contract we must return all payments that we have received from you, including the delivery costs (with the exception of additional costs that result from you selecting a different form of delivery than the cheaper standard delivery we offer), without delay and no later than 14 days after the day that we received your cancellation of this contract. We will use the same method for this repayment that you used for the original transaction – unless something different has been expressly agreed with you; in no case will you be charged for this repayment. We can delay repayment until the goods have been returned to us or until you have provided proof that you have sent off the goods, depending on which is earlier.

You must send back or hand back the goods to us without delay and, whatever the case, no later than within fourteen days from the day on which you cancelled this contract. The deadline has been met when you send off the goods before expiry of the fourteen-day deadline.

You bear the direct costs incurred by returning the goods.

You are only responsible for any loss in value of the goods if this loss of value has been caused by handling of the goods not required for examining the quality, properties and method of functioning of the goods.

- End of the Information on Cancellation -

Information on Legal Exceptions regarding the Right of Withdrawal:

In compliance with legal stipulations we refer to the fact that the Right of Withdrawal does not apply for contracts:

For the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the purchaser is significant or goods customised for the personal needs of the purchaser;

For the delivery of perishable goods that can spoil quickly or whose use-by date expires;

For the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery;

For the delivery of alcoholic beverages whose price has been agreed during completion of the contract but that can be delivered no earlier than 30 days after completion of the contract and whose actual value depends on market fluctuations upon which we have no influence;

For the delivery of foods and beverages when the contract includes a specific date or period for delivery (such as, for example, as part of a Catering Service).

Sample Cancellation Form

(Please complete and return this form to us if you want to cancel the contract.)

Hotel Bareiss GmbH
Hermine-Bareiss-Weg 1 (formerly Gärtenbühlweg 14)
D-72270 Baiersbronn-Mitteltal

Fax:       +49 (0)7442 47-320

I/we (*) herewith cancel the contract I/we (*) have completed for the purchase of the following goods (*)/or the provision of the following services (*)
Ordered on (*)/Received on (*) ________________________________
Name of the purchaser(s) ________________________________
Address of the purchaser(s) ______________________________

Signature of the purchaser(s) (Only if sent on paper, i.e. not e-mail, fax)
Date ___________________________________________________

(*) Please delete as appropriate


§6 Defects of Quality and Defects of Title

In the case of any defects of quality or title you have unrestricted rights according to all currently valid legislation.


§7 Applicable Legislation and Court of Jurisdiction

1. German law applies, excluding the UN Convention on the International Sale of Goods. If you made the order as a user and, at the time of your order, are normally resident in a different country your right to apply any mandatory legislation of this country is not affected by the choice of legislation made in Sentence 1.

2. If you are a trader and were based in Germany at the time of the order, the court locally responsible for our company is exclusively responsible for any claims; we can in this case, however, take legal action at another locally responsible court. Otherwise the applicable legal regulations apply for local and international responsibility.

Hotel Bareiss GmbH
Version: 13.06.2014


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