1.1. These General Terms and Conditions (“GTC”) apply to the use of the ecommerce site Barlize.de (www.barlize.de), an ecommerce site provided by the Barlize UG (limited liability), Kemperplatz 1, 10785 Berlin, (“Barlize”, “we”, “us”) so that Barlize offers products from supplying vendors (“Vendors”) of all kinds that can be categorized as gift articles (“Products”) and customers may buy them (the “Ecommerce site”).

1.2. Barlize provides the ecommerce site that allows the customer (“Customer”) to buy the Products from Barlize supplied by the supplying vendors (Hereinafter the supplying vendor and the customer will jointly be referred to as “user”, “you”, “them”).

1.3. These GTC apply to users with regard to the facilitation services provided. Changes to these GTC will be notified to the users by Barlize in text form. Unless an objection by a user reaches Barlize within a month after receipt of the changed GTC, the changes will  be considered approved. Barlize will emphasize this consequence to the users when notifying them of the changes. The timely dispatch of the objection is sufficient to meet the deadline.

1.4. The current version of the GTC can be viewed, printed or downloaded to a suitable data medium as a pdf document under www.barlize.de.

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2.1. In order to use the ecommerce site you must register as a user and accept these GTC. Supplying vendors must also conclude the Vendor Agreement with Barlize. After successful registration, Barlize will set up and activate a Barlize-account for the user.

2.2. Users that are older than 18 years of age and reside in Germany may register for our ecommerce site. There is no right of use to the ecommerce site. Purchase transactions can only be carried out by registered users.

2.3. The registration, set-up and activation of the Barlize-account as well as the use of the ecommerce site are free of charge for customers.

2.4. The user has a duty to provide complete and accurate data and information for registration purposes.

2.5. The customer shall immediately update the data and information given during registration of the Barlize account if it changes (e.g. due to move, change in email address).

2.6. Only the registered user may use the Barlize account.

2.7. The user is liable for all actions that are taken using his/her Barlize account including abusive use by others unless he/she is not responsible for the misuse and/or has not breached his/her duty of care.

2.8. The user is forbidden from using the ecommerce site in an illegal or abusive fashion, or in a way that would constitute a breach of contract, e.g. by compromising or disrupting the functionality of the ecommerce site (infringing on the system integrity), by transferring the Barlize account to third parties or by providing access to the Barlize account to unauthorized third parties.

3.1. The customer may use the ecommerce site as outlined in these GTC to conclude purchase agreements regarding the articles.

3.2. Barlize can make the use of the ecommerce site or individual functions and services on the ecommerce site subject to requirements such as, for example, the verification of the registration information, the duration of membership, the type of ratings and payment history.

3.3. If the use of the ecommerce site leads to a contract being concluded between the customer and Barlize, each party to the contract will receive the necessary information to contact the other party. This applies to information that is necessary to perform the contract and for delivery purposes. Further details can be found in the Privacy Policy that is available on the websitewww.barlize.de.

3.4. The customers can rate the ecommerce site after a transaction has been completed. The customers can also rate the contents published by other customers in terms of helpfulness, relevance and value. The information provided using the rating system must be truthful and must stay within the statutory limits.

4.1. By listing an article on the ecommerce site Barlize initially only makes a noncommittal request for purchase offers to the customers regarding the specific article at the stated purchase or total price. The customer initiates the purchase transaction by selecting the article, providing the necessary information to order the product and the divergent shipping address, if applicable, and, in a third step, selects one of the payment methods provided (see the following Ziffer [item] III § [section] 5). Subsequently, all information will be shown in a summary. The customer can verify that all input is correct and, if necessary or desired, make changes. Only after the customer has ordered the article(s) in a next step by clicking “binding order”, has a binding offer to conclude a purchase agreement for the articles in the shopping cart been made.

4.2. The customer then receives an email from Barlize confirming the receipt of the article order (order confirmation). The order confirmation merely notifies the customer of the fact that the article order has been received by Barlize. It does not constitute acceptance of the offer to conclude a purchase agreement made by the customer. A contract between the customer and Barlize regarding the purchase of an article will only be considered concluded when the customer receives another email from Barlize which confirms that the article in question has been shipped (shipping confirmation), at the latest when the article has been shipped.

4.3. Barlize sells all goods in normal household quantities only. This applies to the number of articles sold in a single order as well as several orders of the same article which each comprise a normal household quantity.

4.4. The customer can print the order information directly after ordering or view it in the order confirmation received after each order.

5.1. To pay for the articles listed by Barlize on the ecommerce site the customer may choose between the methods of payment admitted on the ecommerce site (e.g. certain credit cards, direct debit, or collect-on-delivery).

5.2. Payments are processed on behalf and at the direction of Barlize.

5.3. Regardless of the purchase price for the ordered article, Barlize is entitled to charge additional shipping costs for each order. These costs will be itemized separately by the Barlize.

5.4. If the customer chooses “collect-on-delivery” as a method of payment, additional collect-on-delivery charges will apply per Barlize in the amount displayed on the ecommerce site when “collect-on-delivery” is chosen. Payment will be collected by the delivery service employed. Also, an acceptance fee will be charged for collect-on-delivery, to be collected by the delivery agent.

5.5. In each case, after placing the order or together with the delivery, the customer shall receive an invoice for the article(s) purchased on the ecommerce site.

6.1. We will block the Barlize account if asked to do so by the user, especially if we receive a stop notice.

6.2. We are also entitled to block the Barlize account in case of

• grounds for an extraordinary termination,
• an unusually high number of returns,
• the Barlize account is being used or is in danger of being used in an unauthorized, illegal, contrary to contract manner or otherwise misused, e.g. by compromising or disrupting the functionality of the ecommerce site (infringing on the system integrity), by transferring the Barlize account to third parties or by providing access to the Barlize account to unauthorized third parties, or

7.1. If you as a customer are a consumer (i.e. a natural person concluding a legal transaction for purposes not predominately attributed to a commercial or self-employed occupational activity), you have a statutory right of withdrawal regarding the agreement concluded with Barlize of which we inform you as follows.

7.2. The above right of withdrawal does not apply to contracts concerning

7.2.1 the delivery of goods that are not prefabricated and whose fabrication depends on an individual selection or determination by the customer, or that are obviously tailored to the personal requirements of the customer;

7.2.2 the delivery of goods that spoil quickly or whose expiry date is quickly exceeded.

7.3. The above right of withdrawal lapses for contracts concerning

7.3.1. the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken;

7.3.2. the delivery of goods that, due to their nature, cannot be separated from other goods that they were mixed with after delivery;

7.3.3. the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

8.1. The agreement between the user and Barlize begins when the Barlize account is activated and continues indefinitely.

8.2. Each party to the agreement is entitled to terminate the contractual relationship at any time in writing with a two-week prior notice period. The Barlize account will be deleted as soon as any and all orders and/or claims against the user are settled.

8.3. The right to terminate the agreement without notice for good cause remains unaffected.

9.1. All elements of the ecommerce site, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions (hereinafter “contents”) are our property or the property of the respective supplying vendor or licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property.

9.2. You can use the ecommerce site and its contents, e.g. by saving, printing or showing others as long as this use is in direct connection with the purpose of the ecommerce site, particularly the arrangement and performance of transactions.

9.3. Any other kind of use and/or reproduction of the contents without our explicit prior consent is a violation of the applicable law and prohibited under these GTC.

9.4. The use of automated systems or software to extract data from the ecommerce site, especially for commercial purposes, is prohibited.

10.1. Insofar as technically possible and economically reasonable, we strive to make the ecommerce site available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services (“maintenance”). In such cases Barlize will take the customers’ legitimate interests into account, e.g. by informing them ahead of time.

The User’s Claim to Use

10.2. If an unanticipated system failure impairs the use of the ecommerce site, the conclusion of contracts or other features of the ecommerce site, the user will be informed in a suitable and appropriate manner.

11. We collect, process and use personal data insofar as is necessary in accordance with our Privacy Policy.

12.1. We are liable to you for expenses and damages (hereinafter in item 12 “damages”) in the following cases according to the statutory requirements: in cases of liability according to the German Product Liability Act – Produkthaftungsgesetz; in cases of intent or deliberate deception; in cases of gross negligence; for injuries to life, limb or health; if we have given a gurantee; as well as all other cases of compulsory statutory liability.

12.2. According to the statutory requirements, we are also liable to you for damages in case of a culpable violation of a so-called “cardinal duty”. Cardinal duties in this sense are all duties that would endanger the fulfillment of the purpose of the agreement if violated as well as all duties which must be complied with to make the proper performance of the agreement possible at all and in whose observance one can usually trust. If the violation of a cardinal duty was caused by slight negligence and did not lead to injury of life, limb or health, your claim for damages is limited to the damage incurred in a typical, forseeable case.

12.3. Beyond that, any claims for damages by the user against Barlize, whatever the legal basis, especially for material defects, legal defects and/or a breach of other duties in the obligatory relationship or the pre-contractual obligatory relationship (e.g. in terms of section 311(2) German Civil Code – Bürgerliches Gesetzbuch (hereinafter “BGB”)) by us, our legal representatives, employees or agents as well as arising from section 311 a BGB or tortious actions, are precluded.

12.4. Insofar as our liability is limited or precluded according to the provisions above, this also applies to the personal liability of our legal representatives, employees and agents.

12.5. Any liability privileges prescribed by law, e.g. pursuant to sections 8-11 German Telemedia Act (TMG), remain unaffected.

12.6. The user is responsible for regularly and adequately securing his data in accordance with technical standards. In case Barlize is responsible for a loss of data, Barlize is only liable for the costs of (i) reproducing the data using the back ups which are to be made by the user and (ii) restoring data that would have been lost even if a proper back up had been made.

12.7. Claims for damages by the users against Barlize are limited by the statutory limitation periods which begin as set forth by law.

13. Insofar as the ecommerce site contains links and references to third parties, especially other websites, we have no influence on the current and future design and contents of the linked webpages and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.

14.1. If you are unsatisfied with our services or have other comments or feedback, please contact us at customerservice@barlize.de.

14.2. The laws of the Federal Republic of Germany apply to these GTC with the exception of (i) the conflict of laws rules of private international law and (ii) the United Nations Convention on the International Sales of Goods (CISG).

14.3. Should individual provisions in these GTC be or become invalid, the validity of the remaining provisions will remain unaffected. The parties obligate themselves to agree on a valid substitute provision that comes as close as possible to the invalid provision in terms of content or purpose. The same applies to contractual gaps.

14.4. The governing language for these GTC is German. This English translation of the original German document is provided for the reader’s convenience only. In case of discrepancies in word or meaning between this translation and the German wording of these GTC, the German version shall prevail.