Terms
1 Scope, general obligations of the customer
1. The following terms and conditions apply to all orders placed on our online store. Our online store is aimed exclusively at consumers.
2. Consumers are any natural individual who enters into a legal transaction for purposes that is attributed predominantly neither to their commercial nor self-employed professional activity. An entrepreneur is a natural or legal individual or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2 Terms of sale
2.1 Introduction
1 Nancy Tabillion (hereinafter referred to as "Health Bar") sells foodstuff, beauty products and home accessories to end-user customers, some of whom may have purchased a subscription service to have products sent to them regularly for personal, non-commercial use only.
2. You may not purchase products or subscriptions for distribution or resale or for any other commercial or business purpose. The subscription and all rights and privileges granted are personal and non-transferable.
2.2 Contracting party, contractual terms
1. The contract of sale is concluded with Health Bar.
2. By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You may place our products in the shopping cart without obligation and edit your entries at any time before submitting your binding order by using the editing aids provided and explained for this purpose in the order process.
3. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3 Payment
3.1 General
1. Outstanding invoices from Health Bar are due immediately.
2. Payment for subscription deliveries will be debited from the payment method provided by the customer approx. 1-2 days before delivery of the products. You must ensure that the specified account or credit card has sufficient funds during the term of the contract so that the direct debit can be collected or payment be made with the credit card.
3. In case of bounced payments, you may have already received the goods at that time, in which case Health Bar will attempt to collect the payment for the order again.
4. Payment reminders from Health Bar are sent exclusively by electronic means. If payment is not received within the specified period after the first reminder, Health Bar has the right to unilaterally terminate the subscription delivery service. Furthermore, Health Bar has the right to claim damages, as well as overdue payments and related collection costs from the Purchaser.
3.2 Payment methods
In our store, the following payment methods are available:
1. Credit card
Submission of the order to Health Bar is accompanied by transmission of your credit card data. After confirmation that you are the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately upon the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
2. PayPal, PayPal Express
During the ordering process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be have an account there or, otherwise, you will have to register there first, be legitimized with your access data and confirm payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically and immediately by PayPal. You will receive further instructions during the ordering process.
3. Klarna
After placing the order, you will be redirected to the Sofort GmbH website. To be able to pay the invoice amount via Sofort, you are required to have an online bank account that allows for activation by the PIN/TAN procedure, identify yourself accordingly and confirm payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately by Sofort and your bank account will be debited.
4. Purchase order invoicing via Klarna
In cooperation with Klarna (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase order invoicing as a payment option. Please note that Klarna invoices are available exclusively to customers and that payment must be made to Klarna in each case. When buying on purchase order invoicing with Klarna, you will receive the goods in advance and are then required to transfer payment within 14 days. The complete terms and conditions of Klarna’s purchase order invoicing policy can be found under: klarna.com/de/AGB.
5. Other payment methods:
Google Pay, Apple Pay, Shopify
4 Ownership rights
1. The goods remain the property of Health Bar until payment is made in full.
5 Delivery, shipping costs, transport
1. We deliver to all countries in the EU and Switzerland, as well as the USA. Other countries will follow.
2. With standard shipping, the goods are delivered no later than four working days after receipt of the order, unless otherwise stated in the shop and Health Bar pays the shipping costs from an order value of €100. Due to the temperature sensitivity of chocolate, we only ship our organic matcha chocolate from Monday to Thursday from a weather temperature of 24 degrees Celsius. From temperatures above 30 degrees, we will ship as soon as possible.
6 Warranties and guarantees
1. Unless otherwise expressly agreed below, the statutory liability for defects applies.
2. In case of defective products, please contact customer service at info@health-bar.com.
3. In case of delivery of a wrong product, please contact customer service within 14 days. We will reimburse you for the costs incurred by the return shipment.
7 Liability
1. We assume unrestricted liability for damages to life, body and health.
2. For other damages, we are liable only in the context of gross negligence.
3. In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or fulfillment agents, the amount of liability shall be limited to the foreseeable typical damage at the time of the conclusion of the contract.
8 Settlement of disputes
1. The European Commission provides a platform for online dispute resolution, which may be found here: ec.europa.eu/consumers/odr/. We are not obliged or willing to enter into a dispute resolution procedure before a consumer arbitration board.
9 Right of revocation
1. You have the right to revoke your contract agreement within 14 days of order without having to provide reason of any kind.
2. The revocation period is 14 days from the day in which you or a third party named by you, who is not the carrier, take possession of the goods.
To exercise your right of revocation, you must notify us by means of a clear statement (eg email or letter sent by post) of your decision to revoke this contract. To comply with the revocation period, it is sufficient if the notification of the exercise of the right of revocation is sent before the expiry of the cancellation period.
9.1 Consequences of revocation
1. If you revoke this contract, we will refund
all payments received from you, excluding delivery costs, immediately and no later than fourteen days from the day on which the notification of your revocation of this contract is received by us.
For the refund, we will use the same means of payment that you used for the original transaction, unless or otherwise expressly agreed with you; in no case will you be charged fees as a result of the refund.
We may refuse repayment until we have received the goods or until you have provided proof the goods have been dispatched to us, whichever is earlier. You must return or hand over the goods to us without undue delay and no later than within fourteen days from the day you notify us of the revocation of this contract. The deadline is met if the goods are dispatched before the expiry of the 14-day period. The costs of returning the goods will be bore by you. You are also obliged to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for testing the quality, characteristics or functionality of the goods.
Additional notes: The right of revocation does not apply to contracts for the delivery of goods that are unsuitable for return due to health protection or hygiene or if the seal has been removed after delivery (§ 312 para 2 No. 3 BGB). This applies especially to our organic foods.
