Terms of service
1. Scope
These Terms and Conditions apply to all orders placed by consumers or business customers through our online shop at barimah.de.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contracting Party
The purchase contract is concluded with:
BARIMAH GbR
Frongasse 13
53121 Bonn
Germany
Email: info@barimah.de
VAT ID: DE461614219
Represented by the partners of BARIMAH GbR.
3. Conclusion of Contract
The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
The customer may initially place products in the shopping cart without obligation and correct their entries at any time before submitting the order. By clicking the order button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
After receipt of the order, the customer will receive an automatic order confirmation by email. This order confirmation documents the receipt of the order but does not yet constitute acceptance of the purchase offer.
The purchase contract is concluded as soon as we expressly accept the order, ship the goods or confirm the shipment of the goods.
4. Products and Product Presentation
We make every effort to display our products, colors, materials, sizes and details as accurately as possible. However, minor deviations in color, structure or appearance may occur, particularly due to different screen settings, lighting conditions or production batches.
Such minor deviations do not constitute a defect, provided that they are reasonable and do not materially affect the contractually agreed quality of the product.
The customer’s statutory rights in the event of defects remain unaffected.
5. Prices and Shipping Costs
All prices in our online shop are stated in euros and include statutory VAT.
Any additional shipping costs are clearly indicated in the respective offer and during the ordering process.
The total price, including VAT and shipping costs, is displayed to the customer before the order is completed.
6. Payment
The payment methods displayed during the ordering process are available in our online shop.
Payment processing may be carried out through external payment service providers, for example Shopify Payments, PayPal, credit card or other payment methods displayed in the shop.
When using a payment service provider, the respective contractual and data protection terms of that provider also apply. Invoices are made available to the customer electronically, for example by email or via the order overview provided in the online shop. A paper invoice is not automatically included with the delivery. By placing the order, the customer agrees that the invoice will be provided electronically. The customer’s statutory rights remain unaffected.
7. Delivery and Shipping
Delivery is made to the delivery address provided by the customer.
Information on delivery times is provided for guidance only, unless a binding delivery date has been expressly agreed.
If delivery delays occur, we will inform the customer to the extent that we have the relevant information.
Delays caused by shipping providers, customs clearance or events beyond our control may occur. The customer’s statutory rights remain unaffected.
For consumers, the risk of accidental loss and accidental deterioration of the goods passes to the customer or an authorized recipient only upon delivery of the goods.
8. Retention of Title
The goods remain our property until full payment has been made.
9. Right of Withdrawal
Consumers generally have a statutory right of withdrawal.
Further information on the right of withdrawal, the withdrawal period, the exercise of the right of withdrawal and the consequences of withdrawal can be found in our separate withdrawal policy.
The withdrawal policy is available in the online shop.
10. Returns and Exchanges
For returns and exchanges, our return conditions published in the online shop apply in addition.
The customer’s statutory rights, in particular the right of withdrawal and statutory rights in the event of defects, are not limited by our return conditions.
11. Liability for Defects
The statutory rights regarding liability for defects apply to all products in our online shop.
If a delivered item is defective, we kindly ask the customer to contact us as soon as possible at info@barimah.de so that we can review the matter and find a solution.
The customer’s statutory rights are not limited by this request.
12. Care Instructions and Use of Products
The customer is asked to follow the care instructions on the respective product, care label or in the product description.
Damage caused by improper use, incorrect care, improper washing, drying, ironing or any other treatment contrary to the care instructions does not constitute a defect, unless a statutory warranty case exists.
The customer’s statutory rights remain unaffected.
13. Vouchers, Discount Codes and Promotions
Vouchers, discount codes and promotional offers can only be redeemed within the respectively specified period and under the respectively specified conditions.
Cash payment of vouchers or discount codes is excluded unless expressly stated otherwise.
Discount codes can only be redeemed before the order is completed. Subsequent application is not possible unless expressly agreed otherwise.
14. Intellectual Property
All content of our online shop, in particular texts, images, graphics, logos, designs, product images, brand names and other content, is protected by copyright, trademark law or other rights.
The use, reproduction, editing, distribution or other use of this content is not permitted without our prior written consent.
This applies in particular to the name BARIMAH, the BARIMAH logo, designs, product photos and other brand-related content.
15. Customer Reviews, Feedback and Content
If customers submit reviews, feedback, images or other content to us or publish them in our online shop, they confirm that they have the necessary rights to such content and that they do not infringe any third-party rights.
We reserve the right not to publish or to remove unlawful, offensive, misleading, promotional or otherwise inappropriate content.
If the customer voluntarily provides us with content, we may use it within the legally permissible scope for the presentation, improvement and promotion of our products and our shop, provided that no conflicting rights of the customer or third parties exist.
16. Data Protection
Information on the collection, processing and use of personal data can be found in our privacy policy.
The privacy policy is available in the online shop.
As our shop is operated via Shopify, personal data may also be processed by Shopify and integrated payment, shipping or service partners. Further information can be found in our privacy policy.
17. Liability
We are fully liable for damages resulting from injury to life, body or health caused by a breach of duty by us, our legal representatives or vicarious agents.
We are also fully liable for damages caused by intentional or grossly negligent conduct by us, our legal representatives or vicarious agents.
In the event of a slightly negligent breach of essential contractual obligations, we are liable only for the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
In all other respects, our liability is excluded to the extent permitted by law.
Liability under the Product Liability Act remains unaffected.
18. Prohibited Use of the Online Shop
The customer may not use our online shop for unlawful purposes.
In particular, it is prohibited to carry out content or actions that infringe third-party rights, impair the operation of the shop, contain malware, are misleading or violate applicable law.
We reserve the right to prevent unlawful or abusive use.
19. Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
20. Contract Language
The contract language is German.
21. Storage of the Contract Text
We do not store the contract text in a manner that is permanently accessible to the customer. The customer receives the order data and these Terms and Conditions as part of the order by email or can access them via the online shop.
The customer can print or save the Terms and Conditions before completing the order.
22. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.
23. Changes to These Terms and Conditions
We reserve the right to amend these Terms and Conditions where this is necessary, in particular in the event of changes in the legal situation, technical changes to the shop or changes to our offering.
For each order, the version of the Terms and Conditions valid at the time of the order applies.
24. Contact
Questions regarding these Terms and Conditions may be addressed to us:
BARIMAH GbR
Frongasse 13
53121 Bonn
Germany
Email: info@barimah.de
VAT ID: DE461614219