Terms of service

1. Scope of Application
2. Contract Conclusion
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms, Returns
6. Retention of Title
7. Warranty and Liability for Defects
8. Applicable Law
9. Redemption of Gift and Promotional Vouchers
10. Dispute Resolution

1. Scope of Application

These Terms and Conditions apply to all orders placed through our online shop. Our online shop is exclusively directed at consumers.

A consumer is defined as any natural person who concludes a legal transaction for purposes that are not primarily related to their commercial or independent professional activities.

A business operator is a natural or legal person, or any entity capable of legal rights, acting in the exercise of their commercial or independent professional activities when concluding a legal transaction.

These Terms and Conditions apply accordingly to contracts for the delivery of gift vouchers, unless otherwise specified.

2. Contract Conclusion

Product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but rather serve as an invitation for the customer to make a binding offer.

The customer may submit their offer through the online order form integrated into the seller's online shop. After selecting goods, adding them to the virtual shopping cart, and completing the electronic ordering process, the customer makes a legally binding contract offer by clicking the button that completes the ordering process. The customer may also submit their offer via email, online contact form, or telephone to the seller.

The seller may accept the customer's offer within five (5) days by:
• Sending the customer a written order confirmation or order confirmation in text form (fax or email), with delivery of such confirmation to the customer being decisive; or
• Delivering the ordered goods to the customer, with delivery of such goods being decisive; or
• Requesting payment from the customer after the customer has placed their order.

If multiple methods above occur, the contract is concluded at the earliest time any of the above occurs. The acceptance period begins on the day after the customer sends their offer and ends at the expiration of the fifth day following the customer's submission. If the seller does not accept the customer's offer within this period, this constitutes a rejection of the offer, and the customer is no longer bound by their declaration of intent.

When selecting a payment method offered by PayPal, payment processing occurs through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of PayPal's User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by a PayPal payment method selectable in the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that concludes the ordering process.

When submitting an offer through the seller's online order form, the contract text is stored by the seller after contract conclusion and transmitted to the customer in text form (e.g., email, fax, or mail) after the customer's submission. No further disclosure of the contract text by the seller occurs. If the customer has established a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be retrieved by the customer free of charge through their password-protected user account using the corresponding login information.
Before making a binding offer through the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors may be the browser's zoom function, with which the display on the screen can be enlarged. The customer can correct their entries throughout the electronic ordering process using standard keyboard and mouse functions until clicking the button that concludes the ordering process.

The language of contract formation is exclusively German.

Order processing and communication typically occur via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails from the seller or third parties commissioned with order processing can be delivered.

3. Right of Withdrawal

Consumers generally have a right of withdrawal.

For detailed information about your right of withdrawal, please refer to our Right of Withdrawal Policy.

4. Prices and Payment Terms

Unless otherwise stated in the product description, the prices shown are total prices that include statutory VAT/sales tax. Any additional delivery and shipping costs will be separately stated in the respective product description.

For deliveries to countries outside the European Union, additional costs may apply that are beyond the seller's control and must be borne by the customer. These may include costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs). Such costs may also apply to payment transfers if the shipment is not to a non-EU country but payment originates from outside the EU.

The available payment method(s) will be communicated to the customer in the seller's online shop.

If advance payment by bank transfer is agreed, payment is due immediately upon contract conclusion, unless the parties have agreed on a later payment date.

When selecting a payment method offered by PayPal, payment processing occurs through PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal where the seller pays in advance to the customer (e.g., purchase on account or installment payment), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to deny the customer the selected payment method in case of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer may only perform payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The seller, however, remains responsible for general customer inquiries such as regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credits, even in case of claim assignment.

When selecting a payment method offered by "Shopify Payments," payment processing occurs through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services for which special payment terms may apply, to which the customer may be separately notified. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

When selecting a payment method offered by "Klarna," payment processing occurs through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").

We offer free shipping on orders of €100 or more.

We only offer shipping delivery. Pickup of goods is not available.

Ordered goods may only be returned unopened and with intact seals within 14 days of purchase. Full refund of the purchase price will be provided. Return shipping costs are the customer's responsibility.

Return Address:

Logiful GmbH

c/O Barau by Bibi GmbH
Gewürzstr. 6
D-06231 Bad Dürrenberg

5. Delivery and Shipping Terms, Returns

If the seller offers shipping, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during order processing is binding, and shipping costs apply.

If delivery fails due to reasons the customer is responsible for, the customer bears reasonable costs incurred by the seller. This does not apply to shipping costs if the customer validly exercises their right of withdrawal. For return shipping costs upon valid exercise of the right of withdrawal by the customer, the provisions in the seller's Right of Withdrawal Policy apply.

If the customer is a business operator, the risk of accidental loss and accidental damage to the sold goods transfers to the customer as soon as the seller delivers the goods to the carrier, freight forwarder, or other person or institution intended to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental damage to the sold goods generally transfers to the customer only upon transfer of the goods to the customer or an authorized recipient. However, the risk of accidental loss and accidental damage to the sold goods also transfers to consumers as soon as the seller delivers the goods to the carrier, freight forwarder, or other person or institution intended to carry out the shipment if the customer has commissioned the carrier, freight forwarder, or other person or institution with the execution and the seller had not previously named this person or institution to the customer.

The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if the non-delivery is not the seller's responsibility and the seller has concluded a concrete supply agreement with the supplier with due care. The seller will make all reasonable efforts to obtain the goods. In case of unavailability or partial unavailability of the goods, the customer will be informed immediately and the payment will be refunded promptly.
Pickup is not possible for logistical reasons.

Vouchers are provided to the customer via email.

Ordered goods may only be returned unopened and with intact seal within 14 days of purchase. For unopened goods with intact security seal, the full purchase price will be refunded as long as the above deadline is met. Return shipping costs are the customer's responsibility in all cases.

Return Address:
Logiful GmbH
c/O Barau by Bibi GmbH
Gewürzstr. 6
D-06231 Bad Dürrenberg

6. Retention of Title

The goods remain the seller's property until full payment has been received.

7. Warranty and Liability for Defects

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and expenses, as follows:
The seller is fully liable without limitation for:
• Intentional conduct or gross negligence
• Intentional or negligent violation of life, body, or health
• Any express warranty, except where otherwise stated
• Mandatory liability such as under Product Liability Law

If the seller negligently breaches an essential contractual obligation, liability is limited to typical and foreseeable damages arising from the contract, except as stated above where unlimited liability applies. Essential contractual obligations are those that the contract imposes on the seller to achieve the contract's purpose, whose performance enables proper contract execution, and on whose performance the customer may reasonably rely.
For all other matters, the seller's liability is excluded.

The above liability provisions apply equally to the seller's liability for their agents and legal representatives.

8. Applicable Law

The laws of the Federal Republic of Germany apply to all legal relationships between the parties, excluding the laws governing international sales of movable goods. For consumers, this choice of law applies only to the extent that the protections provided by mandatory provisions of the law of the state where the consumer is ordinarily resident are not eliminated.

9. Redemption of Gift and Promotional Vouchers

Gift vouchers that can be purchased through the seller's online shop ("Gift Vouchers") may only be redeemed in the seller's online shop, unless the voucher itself states otherwise.

Gift Vouchers and remaining balances are valid until the end of the third calendar year following the year of purchase. Remaining balances are credited to the customer until the expiration date.
Gift Vouchers may only be redeemed before completing the order process. Retroactive application is not possible.

Only one Gift Voucher may be redeemed per order.
Gift Vouchers may only be used to purchase goods and not to purchase additional Gift Vouchers.

If the Gift Voucher value is insufficient to cover the order, the customer may use another available payment method offered by the seller to pay the difference.

Gift Voucher balances are not refunded in cash and do not accrue interest.
Gift Vouchers are transferable. The seller may discharge its obligation to the respective holder who redeems the Gift Voucher in the online shop. This does not apply if the seller has knowledge or gross negligent lack of knowledge that the holder is not authorized, lacks legal capacity, or lacks proper authorization.

For claims arising from damages caused by us, our legal representatives, or our agents, we are always fully liable

for violation of life, body, or health,
for intentional or grossly negligent breach of duty,
for express warranties, if agreed, or
where the scope of the Product Liability Act applies.

For breach of essential contractual obligations, whose performance enables proper contract execution and on whose performance the contract partner may reasonably rely (cardinal obligations) through simple negligence by us, our legal representatives, or our agents, liability is limited to damages foreseeable at the time of contract conclusion, with whose occurrence must typically be reckoned.

For all other matters, claims for damages are excluded.

10. Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find here. Barau by Bibi GmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer mediation body.