General Terms and Conditions
§ 1 Applicability, Definitions
- Barba Brands UG, Barba Brands UG, Rollbergstraße 28A, 12053 Berlin, Germany (hereinafter referred to as “we” or “Wuffbucks”) operates an online shop for goods at https://wuffgang.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
- “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activities. “Entrepreneur” is a natural or legal person or a legally responsible partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, whereby a legally responsible partnership is a partnership that is capable of acquiring rights and entering into liabilities.
§ 2 Conclusion of Contracts, Storage of Contract Text
- The following regulations on the conclusion of contracts apply to orders via our online shop at https://wuffgang.de.
- Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.
- Upon receiving an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the order procedure provided in our online shop. The order is made in the following steps:
- Selection of the desired goods,
- Adding products by clicking the corresponding button (e.g., “Add to Cart”, “Add to Shopping Bag”, etc.),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking the corresponding button (e.g., “Continue to Checkout”, “Proceed to Payment”, “To Order Overview”, etc.),
- Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and the cancellation policy,
- If the agreed condition of the goods differs from their usual condition and use requirements, confirming a negative condition agreement,
- Completing the order by pressing the “Buy Now” button. This represents your binding order.
- The contract is concluded by us sending an order confirmation to the provided email address within three working days.
- In case of contract conclusion, the contract is with Barba Brands UG, Rollbergstraße 28A, 12053 Berlin, Germany.
- Before ordering, the contract data can be printed out using the browser’s print function or electronically secured. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, is done via email after you trigger the order, partially automated. We do not store the contract text after the contract is concluded.
- Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., browser’s “back button”). They can also be corrected by aborting the ordering process prematurely, closing the browser window, and repeating the process.
- The processing of the order and transmission of all information required in connection with the conclusion of the contract is done via email, partially automated. Therefore, you must ensure that the email address you have provided us is correct, that the receipt of the emails is technically ensured, and particularly that it is not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Features of the Products
- In our online shop, the subject of the contract is:
- The sale of goods. The specific goods offered can be found on our item pages.
- The essential features of the goods are found in the product description. If the agreed condition of the goods deviates from their usual condition and use requirements, this will be explicitly pointed out in the product description (negative condition agreement). Insofar as the customer has expressly consented to the negative condition deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
- The prices listed in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.
- The respective purchase price must be paid before the delivery of the product (prepayment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately.
- In addition to the prices stated, shipping costs may apply for the delivery of products unless the respective article is marked as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system, and on the order overview.
- All offered products are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: [place the value for default_delivery_time_text] after receipt of payment).
- The following delivery area restrictions apply: Delivery is made to the following countries: Denmark, Germany.
§ 5 Right of Retention, Reservation of Ownership
- You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
- The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language The exclusive contract language is German.
§ 8 Liability
- Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
- We are liable without limitation for slight negligence in case of injury to life, body, health, or violation of a material contractual obligation. If we are in default due to slight negligence, if performance has become impossible, or if we have violated a material contractual obligation, liability for resulting material and property damage is limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and to provide the contractually owed service described in § 3.
§ 9 Warranty/Customer Service
- The warranty is subject to legal provisions.
- As a consumer, you are requested to check the item/digital goods or the provided service immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the forwarder of any complaints as soon as possible. Not doing so has no effect on your statutory warranty claims.
- Our customer service for questions, complaints, and claims is available at email@example.com.
§ 10 Final Provisions/Dispute Resolution
- German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorability principle).
- The provisions of the UN Sales Convention explicitly do not apply.
- If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.
- The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.