General Terms and Conditions for Purchases in Our Online Shop
§ 1 Applicability, Definitions
(1) BARC GmbH, Berliner Platz 7, 97080 Würzburg, Germany (hereinafter referred to as “we” or “BARC Online Shop”), operates an online shop for goods, digital products, and services on the website https://barc.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in their current version at the time of the order, unless expressly agreed otherwise. If the order also includes consulting services and/or the purchase of studies and/or our subscription BARC+, our special terms and conditions apply in addition. Likewise, our special terms and conditions apply if the order includes participation in events.
(2) The offers in our online shop are exclusively directed at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). By placing their respective orders, customers confirm that they belong to this group of persons. “Entrepreneur” is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity, with a legally capable partnership being a partnership endowed with the ability to acquire rights and incur obligations.
§ 2 Formation of Contracts, Storage of Contract Text
(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online shop at https://barc.com.
(2) Our product representations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following provisions apply: The customer submits a binding contract offer by successfully completing the order process provided in our online shop. The order is placed in the following steps:
- Selection of the desired products, digital goods, selected service(s),
- Adding the products by clicking the corresponding button (e.g., “Add to Cart,” “Add to Shopping Bag,” or similar),
- Reviewing the information in the shopping cart,
- Accessing the order summary by clicking the corresponding button (e.g., “Proceed to Checkout,” “Continue to Payment,” “Go to Order Summary,” or similar),
- Entering/checking address and contact information, selecting the payment method, confirming acceptance of the terms and conditions,
- If the agreed quality of the goods deviates from their usual quality and intended use requirements, confirming a negative quality agreement,
- Completing the order by clicking the “Place Order” button. This constitutes your binding order. The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.
(4) In the event of contract formation, the contract is concluded with BARC GmbH, Berliner Platz 7, 97080 Würzburg, Germany.
(5) Prior to placing an order, you can print or electronically save the contract data using your browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular order data and terms and conditions, is carried out by email after you trigger the order, partially automated. We do not store the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “Back” button of the browser). They can also be corrected by aborting the ordering process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partially automated. Therefore, you must ensure that the email address you provide to us is correct, that you can receive emails, and that email delivery is not prevented by SPAM filters, in particular.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) The subject matter of the contract in our online shop includes:
- The sale of goods. You can find the specific products offered on our product pages.
- The sale of digital goods, e.g., software or media downloads. You can find the specific digital goods offered on our product pages.
- The provision of services. You can find the specific services offered on our product pages.
(2) The essential characteristics of the goods, digital goods, and services can be found in the product description. If the agreed quality of the goods deviates from their usual quality and intended use requirements, this will be expressly indicated in the product description (negative quality agreement). If the customer has given explicit consent to the deviation in quality, it defines the subject matter of the contract.
(3) For the sale of digital products, any restrictions, particularly regarding hardware and/or software requirements for the target environment, are evident from the product description. Unless explicitly stated otherwise, the subject matter of the contract is limited to the private and commercial use of the products without the right to resale or sublicense.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all components of the price, including all applicable taxes.
(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we explicitly offer payment on invoice. The payment methods available to you are indicated with a corresponding button in the online shop or in the respective offer. Unless otherwise stated for individual payment methods, the payment claims are immediately due for payment.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products if the respective item is not indicated as free of shipping charges. The shipping costs will be clearly communicated to you on the offers, if applicable, in the shopping cart system, and on the order summary.
§ 5 Updates and obligations to cooperate
The customer is obligated to install any updates provided in accordance with the installation instructions.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Liability
(1) Subject to the exceptions below, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) In cases of slight negligence, we shall be liable without limitation in the event of injury to life, body, or health or in the event of a breach of essential contractual obligations. If we are in default with the performance, if performance has become impossible, or if we have violated an essential contractual obligation, liability for property and financial losses arising therefrom is limited to the typical foreseeable damage. An essential contractual obligation is one whose fulfillment is necessary for the proper execution of the contract, whose violation jeopardizes the achievement of the purpose of the contract, and on whose compliance you regularly rely. This includes, in particular, our obligation to act and to provide the contractually owed performance, as described in § 3.
(3) If the customer fails to install an update, which has been provided to them and of which they have been informed, within a reasonable period of time when purchasing a product with digital elements or digital products (digital content and services), we shall not be liable for a defect solely resulting from the absence of this update.
§ 8 Language of the Contract
The contract language is exclusively German.
§ 9 Warranty
(1) The warranty is subject to statutory provisions.
(2) The warranty period for delivered goods is 12 months.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.