Terms of service

Providing a legally sound "Terms of Service" (or "General Terms and Conditions" - Allgemeine Geschäftsbedingungen or AGB in German) is complex, as German law is very strict regarding what is permissible in consumer contracts.

DISCLAIMER: This is a comprehensive template for informational purposes only. It is not legal advice. Running an e-commerce business in Germany and the EU requires strict adherence to various laws (BGB, UWG, TMG/DDG, DSA, GDPR, etc.). You must have this document reviewed by a qualified German legal professional (lawyer/Rechtsanwalt).

The following template covers the essential clauses required for an online shop based in Germany.

 

Hains Barrow General Terms and Conditions (AGB)

 

 

§ 1 Scope and Operator

 

  1. These General Terms and Conditions (AGB) apply to all contracts concluded between you as the customer (Customer) and us, Hains Barrow, represented by [Your Name/Managing Director Name], located at Kleinfeldchen 9876, 53773 Hennef (Sieg), Germany (Operator), regarding goods purchased via the online shop at [Your Website Address].

  2. These AGB are intended exclusively for consumers (Section 13 of the German Civil Code - BGB).

  3. Any terms and conditions provided by the Customer that deviate from, conflict with, or supplement these AGB will only become part of the contract if we have expressly agreed to their validity in writing.

 

§ 2 Conclusion of Contract (Ordering Process)

 

  1. The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding invitation to the Customer to submit an offer (invitatio ad offerendum).

  2. By clicking the button labelled "Order requiring payment" (or similar unambiguous text like "Buy Now" or "Pay Now") at the end of the ordering process, the Customer submits a binding offer to purchase the goods in the shopping cart.

  3. Immediately upon submitting the order, the Customer receives an automated email confirming receipt of the order (Order Confirmation). This confirmation does not yet constitute acceptance of the contract.

  4. The purchase contract is concluded when we accept the Customer's order by one of the following methods:

    • Sending a separate Order Acceptance (e.g., via email or post) confirming the dispatch of the goods, or

    • Shipping the goods to the Customer (the moment the goods leave our warehouse).

  5. If we do not accept the Customer's offer within [2 to 5] working days, the offer is deemed rejected, and no contract is concluded.

 

§ 3 Prices, Shipping Costs, and Payment

 

  1. All prices listed in the online shop are final prices and include the statutory German Value Added Tax (VAT) and other price components.

  2. Shipping costs are added to the indicated product prices. The specific shipping costs are clearly displayed to the Customer on the order page (checkout) and the Shipping Policy page before the order is placed.

  3. The Customer can choose from the payment methods offered in the shop (e.g., Credit Card, PayPal, Advance Payment/Vorkasse).

  4. If the Customer chooses Advance Payment, payment is due immediately after the conclusion of the contract. Shipment will only be made after the full payment has been received.

  5. If the Customer chooses a payment method that results in a chargeback (e.g., failed direct debit), the Customer shall bear the costs arising from the chargeback.

 

§ 4 Delivery and Transfer of Risk

 

  1. Delivery times are stated directly on the product page. Delivery deadlines are calculated from the time of our Order Acceptance (or from the date of payment receipt for Advance Payment orders).

  2. Delivery is made by a shipping service provider (e.g., DHL, DPD) to the delivery address provided by the Customer.

  3. The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon handover of the goods to the Customer or a person authorised to receive them.

  4. We are entitled to make partial deliveries if this is reasonable for the Customer.

 

§ 5 Statutory Right of Withdrawal (Widerrufsrecht)

 

The Customer has a statutory right of withdrawal in accordance with the German and European consumer protection regulations.

  1. The Customer has the right to withdraw from this contract within 14 days without giving any reason.

  2. The withdrawal period begins on the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the last goods.

  3. Details on how to exercise the right of withdrawal, the model withdrawal form, and the consequences of withdrawal are detailed in our separate Return and Refund Policy.

 

§ 6 Retention of Title (Eigentumsvorbehalt)

 

The delivered goods remain our property until the purchase price has been paid in full.

 

§ 7 Liability for Defects (Warranty / Gewährleistung)

 

  1. We are liable for material and legal defects of the delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.

  2. The statutory warranty period for new goods is two years from delivery of the goods. For used goods, the warranty period is limited to one year.

  3. Claims by the Customer for damages are excluded, except for claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations, or liability for damages based on an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents.

 

§ 8 Data Protection

 

  1. We collect and process the Customer's personal data solely in accordance with our Privacy Policy and the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

  2. The Customer's data is only used for the purpose of contract execution, billing, and, if consented to, marketing.

 

§ 9 Applicable Law and Jurisdiction

 

  1. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Hennef (Sieg), Germany.

 

§ 10 Final Provisions

 

  1. Should one or more provisions of these AGB be invalid, this shall not affect the validity of the remaining provisions.

  2. [Optional: Online Dispute Resolution] The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.

  3. [Optional: Alternative Dispute Resolution] We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.