§ 1 Scope
These General Terms and Conditions govern the relationship between bari bari München and the customer.
These General Terms and Conditions apply to orders placed via the Online Store www.baribari.net.
When placing an order via the Website, the Customer can access the General Terms and Conditions via the links provided in the Online Store and save them on their device and/or print them out. These General Terms and Conditions will be sent to each Customer on a durable medium once they have made a purchase (e.g. as an e-mail with a pdf attachment).
bari bari München provides customer care for the Online Store on bari bari München's behalf ("Customer Care”). If a Customer has any questions, requests or complaints in relation to the Online Store, the Customer may contact Customer Care via letter or e-mail using the contact details below:
Customer Care contact details
bari bari München, Customer Care,
The range of goods in the Online Store is aimed only at Customers of legal age.
§ 2 The Order Process
Before placing an order, the Customer can view and amend the details of the Customer’s order at any time. This can be done by clicking on the “Change order” button, using the “Back” function, or editing the individual entry fields.
The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
The Customer may select items from bari bari München's range of products and add them to a shopping bag by clicking on the “Add to Shopping Bag” or “Add to Bag” button. By clicking on the “Order with the obligation to Pay” button, the Customer confirms bindingly that he wishes to purchase the products contained in the shopping bag. After the Customer has submitted the order, bari bari München will process the Customer’s order and will send to the Customer an automatic acknowledgement of receipt email. However, this does not constitute acceptance of the Customer's order by bari bari München nor does a contract between the Customer and bari bari München exist at this point in respect of the Customer's order.
bari bari München’s acceptance of the Customer’s order will take place when bari bari München emails the Customer to confirm that the order has been accepted and dispatched “order and dispatch confirmation email”), at which point a contract will come into existence between the Customer and bari bari München
If several items are included in an order, a contract is only created in respect of the items expressly referenced in the order and dispatch confirmation e-mail.
If bari bari München is unable to accept the Customer’s order for any reason (including any of the reasons described in this § 2(6) or § 2(7) below), bari bari München will notify the Customer of this by e-mail (if any part of the order has been accepted, bari bari München will also notify the Customer of this in the order and dispatch confirmation e-mail).
bari bari München is entitled to cancel a Customer's order in the following circumstances:
bari bari München identifies an obvious and unmistakeable error in the price or description of the product;
bari bari München is unable to obtain authorization for the Customer’s payment and/or suspects illegal or fraudulent activity (see clause II of section C of the Privacy Statement) including where the quantity of goods is higher than the usual quantities for private households;
the product is out of stock or otherwise unavailable; or
the Customer has not met the eligibility to order criteria set out in these General Terms and Conditions
In this event, bari bari München will notify the Customer by e-mail without delay and will require the Customer to return the goods in accordance with the Returns Policy in § 7 (in the event that they have already been delivered to the Customer). Once the goods have been returned, bari bari München will refund the payment and any delivery costs to the Customer in full (or in part if part of the order has been accepted), in accordance with the Refunds Policy in § 7.
The contract is concluded in German. In compliance with data protection law, bari bari München will store a copy of the contract (consisting of the order and the General Terms and Conditions) and will forward the same to the Customer with the electronic invoice email. In addition, if the Customer has registered, he/she can view orders in his/her personal My HUGO BOSS customer account.
§ 3 Delivery, Delivery Times, Availability
Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided.
bari bari München will notify the Customer of the expected delivery time during the order process.
Once the goods have been handed to the carrier, bari bari München will send the Customer an e-mail with a notification of dispatch and all of the necessary information regarding shipping status and, where available, a link to the shipment tracking of the transport service provider..
If for reasons beyond its control bari bari München is unable to meet a fixed delivery date, it will inform the Customer without delay and specify a new delivery date. If the new delivery date is unacceptable to the Customer, he/she will be entitled to cancel the order in respect of the goods concerned; in this case, bari bari München will reimburse the Customer in accordance with the Refunds Policy in § 7 of these General Terms and Conditions.
§ 4 Prices and Delivery Charges
All of the prices listed in bari bari München’s Online Store include the applicable statutory value-added tax.
bari bari München will notify the Customer of any delivery and additional charges (e.g. for gift wrapping) during the order process before the Customer places his/her order. The Customer will pay for any such charges notified to the Customer prior to placing the order.
§ 5 Payment
Payment must be made by the Customer using one of the methods of payment indicated during the order process.
If no further methods of payment are offered during the order process bari bari München accepts credit card payment. bari bari München accepts also payment via PayPal.
To protect itself against the risk of payment default by the Customer, bari bari München reserves the right to exclude certain methods of payment in an individual case. See clause II of section C of the Privacy Statement for further details of the fraud checks bari bari München may carry out.
The Customer agrees to the receipt of electronic invoices in the form of a pdf file attached to an e-mail.
§ 6 Retention of Title
Goods delivered as part of an order remain the property of bari bari München until they have been delivered to the Customer (or a person identified by the Customer to take delivery on their behalf).
§ 7 Customer Right of Cancellation
For goods ordered via the Online Store or otherwise bought at a distance, Customers have a legal right to:
if bari bari München has not yet accepted the order in accordance with § 2, withdraw an offer at any time without giving any reason or incurring any liability; or
if bari bari München has accepted the order in accordance with § 2, cancel the order by following the instructions below:
INSTRUCTIONS ON CANCELLATION
Right of cancellation
You have the right to cancel this contract without giving any reason but by simply informing us of your decision in accordance with the instructions below. The time limit for cancellation is a period of 30 days from the day that you acquire, or a third party named by you who is not the carrier, acquires physical possession of the goods.
You must inform us (see below for contact details) of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail or by using the returns form included in your goods package). You may use the attached model cancellation form, but it is not obligatory. You can also download a cancellation form on our website electronically. To exercise your right of cancellation within the cancellation period, it is sufficient for you to send a notice concerning your exercise of the right of cancellation before that period has expired by one of the following methods:
Contact details for the exercise of the right of cancellation:
To exercise your right of cancellation
• by letter, please write to:
bari bari München
The return of the goods will be free of charge if you use and follow the instructions contained on the return form and the pre-printed return label included with the delivery. You shall send back the goods to the Returns Address without delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us (see above). You must send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. We may reduce your refund to cover the diminished value to the extent permitted by law.
If you cancel your order within the cancellation period, we shall reimburse to you all payments made by you, including the costs of delivery up to the amount of the standard delivery charge. Any delivery charges exceeding this amount (e.g. express delivery charges) shall be borne by you. Reimbursement shall be in full (or in part if part of the order has been accepted) without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back.
If we cancel your order, we shall reimburse to you all payments made by you, including all delivery costs. Reimbursement shall be in full (or in part if part of the order has been accepted) and without undue delay.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you. Subject to the above terms, we will not impose any fee for such reimbursement.
§ 8 Warranty
The Customer has certain legal rights, for example, that any products supplied by bari bari München will be of satisfactory quality, fit for their intended purpose, and will conform to any description, sample or model provided on the Online Store. The Customer also has certain legal remedies if bari bari München breaches any of these rights including where a product is defective. Nothing in these General Terms and Conditions is intended to affect these legal rights or other rights to which the Customer may also be entitled.
The Customer should contact Customer Care (see contact details at § 1(4)) or follow the cancellation process set out at § 7 if the Customer believes that a product supplied by bari bari München does not conform with the contract between the Customer and bari bari München.
bari bari München will only be liable for loss or damage in accordance with the provisions of § 9.
§ 9 Liability
bari bari München does not, in any circumstances, exclude its liability for fraud, death or personal injury caused by bari bari München’s negligence or that of its employees and agents or any other loss which is not permitted to be excluded by applicable law.
bari bari München is not responsible for any loss or damage that the Customer might suffer which is:
not caused by bari bari München’s breach of these General Terms and Conditions;
a side effect of the main loss or damage to the Customer and which is not reasonably foreseeable by the Customer or bari bari München when the Customer begins to use the Website. Loss or damage is reasonably foreseeable where it could be contemplated by bari bari München and the Customer at the time of entering into the contract (i.e. placing the order);
a result of bari bari München’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our right to cancel an order as set out in § 2(6) and § 2(7);
caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); or
caused when bari bari München is prevented from fulfilling any of its obligations by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
bari bari München’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to a maximum of 150% of the value of the Customer’s order.
These limitations on liability also extend to any legal representative or agent of bari bari München.
These limitations on liability do not apply where bari bari München has fraudulently concealed a defect or has incorrectly described a product or fails to correctly deliver a product.
§ 10 Choice of Law and Jurisdiction
In the event that a dispute between bari bari München and the Customer arises out of or in connection with the order or these General Terms and Conditions, bari bari München and the Customer both agree that the courts Germany will have exclusive.
Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr. A link to this page is also available on our website.
§ 11 Seller company details
bari bari München
Alter Hof 6-7
§ 12 Amendments and updates
The General Terms and Conditions may be amended from time to time. Any changes are effective as of the date of publication on the Online Store and will apply to any new orders placed by the Customer following the date of publication. These General Terms and Conditions were last updated on the date in the heading.