Scope and Provider

These General Terms and Conditions in their current version apply to all deliveries and services that you conclude with BÄR GmbH, Pleidelsheimer Straße 15/1, 74321 Bietigheim-Bissingen (Bär GmbH) via our online shop. The contracting party for all orders placed via our online shop at www.baer-schuhe.de is BÄR GmbH, Pleidelsheimer Straße 15/1, D-74321 Bietigheim-Bissingen, represented by the managing directors Christof Bär (hereinafter referred to as the "Seller"). Our offer is exclusively addressed to persons who have reached the age of 18. The contract language is exclusively German. Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter referred to as "Customer"). Consumers within the meaning of these Terms and Conditions are natural persons who enter into contracts for purposes that cannot be attributed to their commercial or professional activities. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, at the time of concluding the contract with the Seller, act in the exercise of their commercial or independent professional activities. 

Our Personal Advisory Promise

The trained BÄR Manufaktur Service Team will personally answer all your questions about leather, care, and fitting, and provide expert advice on repairs or orthopedic modifications. Of course, you can also place your orders directly – with immediate delivery information.
 
Customer service contact:
Email: kundenbetreuung@baer-schuhe.de
Phone: 0800 51 65 65 56 (free of charge)
Monday to Friday from 8:00 AM to 6:00 PM

For all other questions, complaints, or claims, please contact us. You can reach us Monday to Friday between 8:00 AM and 6:00 PM at +49 (0) 7142 95 66 10 or via email at kundenbetreuung@baer-schuhe.de.

Contract Conclusion, Formation of Contract

When shopping in our online shop (https://baer-schuhe.de/), a purchase contract is concluded by the Seller's acceptance of the customer's order. The presentation and pricing in the online shop do not constitute a binding offer in the legal sense. The receipt of the order and the acceptance of the order (contract conclusion with us) will be confirmed to you by email.

Once you have found a desired product, you can view it in more detail without obligation by clicking on the product name or image. By clicking the [Add to Cart] button, you can add the item to your shopping cart. You can view the contents of your shopping cart in the window that opens immediately or by clicking the shopping cart icon. You can remove or modify products by clicking the 'X' button or adjusting the quantity. You can also edit the shopping cart via the [Edit Cart] button. If you wish to order the products in your cart, click the [Proceed to Checkout] button on the "Shopping Cart" page.

During the further checkout process, you have the option to order via your customer account, create a customer account, or place your order as a guest. In the further checkout process, you will enter your address and, if applicable, a different billing address. In the last step, under "Review and Order," you will receive an overview of your order details and can review all information again and modify or delete it by adjusting the quantity or clicking the 'X' button. You can also correct input errors by navigating backward in your browser or canceling the order process and starting over. To complete the purchase, you must accept our General Terms and Conditions and click the [Place Order with Obligation to Pay] button. Only by clicking the [Place Order with Obligation to Pay] button do you submit a binding order (offer). This sends the order to us.

After submitting your order, you will automatically receive an email confirming receipt of your order and listing its details (order confirmation). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A valid contract is only concluded upon our order confirmation via a further email to you or our payment request with all contractual order details sent to you.

As a customer, you also have the option to inquire about a specific item by phone, email, or letter to the Seller. After receiving such an inquiry, the Seller will submit a corresponding offer to the customer by email or letter. A contract is only concluded when the customer accepts this offer. 

Storage of the Contract Text

The contract text is stored. However, it is not accessible to the customer and cannot be retrieved after the order is completed. You can print it out in the last step of your order before sending it to us. We will send you an order receipt by email and subsequently an order confirmation by email with all order details and the entire contract text, including the General Terms and Conditions and the most important contract information. You also have the option to print out both the order and the General Terms and Conditions before sending the order to us. Our current General Terms and Conditions can be accessed, saved, and printed at any time on the website http://www.baer-schuhe.de/agb/.

Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities: 

Withdrawal Instructions

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (BÄR GmbH, Pleidelsheimer Straße 15/1, D-74321 Bietigheim-Bissingen, Phone: +49 (0) 7142 95 66 10, Email: kundenbetreuung@baer-schuhe.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out and return this form.)
To BÄR GmbH,
Pleidelsheimer Straße 15/1,
D-74321 Bietigheim-Bissingen,
Email: kundenbetreuung@baer-schuhe.de)
Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.

Delivery, Delivery Time, Partial Delivery, Delivery and Shipping Costs

Your ordered items will be delivered to the delivery address you provided. We deliver exclusively within Germany. Delivery is made from our warehouse. The availability of individual items is stated in the product descriptions. Items in stock will be shipped, unless otherwise explicitly agreed, within 5 working days after payment instruction (for advance payment by transfer: within 5 working days after receipt of payment). If an item is marked as out of stock in our shop, we will strive for the fastest possible delivery. Other delivery time information is non-binding unless we have exceptionally committed to a binding delivery date. We are entitled to make partial deliveries, provided this is reasonable for you. Any additional shipping costs will, of course, be covered by us. The risk of loss of the goods passes to you upon handover of the respective delivery by the respective carrier. Additional costs arising from partial deliveries will not be charged.

If you order as a commercial customer, in the case of a sales contract involving shipment, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes to you as soon as the goods are handed over to the carrier, the freight forwarder, or the person otherwise designated to carry out the shipment.

For deliveries within Germany, you will receive all BÄR items for a one-time shipping and packaging fee of only €5.90 per order, regardless of the order value. This also applies to partial deliveries by us.

For inquiries, please contact us by phone at: 0800 51 65 65 56. 

2-Year Quality Guarantee, Warranty

The carefully handcrafted original BÄR shoes are true shoemaking art. The guarantee on each of our models is 24 months from the invoice date. If the product is defective, you can – regardless of whether a guarantee case exists or the guarantee is claimed – additionally contact us within the scope of the statutory warranty. For our sports brand Joe Nimble®, we provide a 24-month guarantee.

This warranty covers the defect-free condition of our advertised products, including functionality, material, and manufacturing defects. This warranty does not restrict your statutory warranty rights.
If quality defects occur despite proper handling, we commit – upon return of the defective item along with the invoice – to free repair, exchange, or replacement with an equivalent item.

Normal wear and tear, improper handling, and unauthorized repair attempts by you or third parties are excluded. Under this warranty, we provide free repair of the goods or, at our discretion, free replacement with an equivalent item. To claim the warranty, you must allow us to inspect the case by sending the goods along with the proof of purchase (invoice). Please ensure secure packaging to avoid transport damage. In a warranty case, we cover the costs of shipping and return as well as the transport risk, provided the transport is carried out by the carrier specified by us. In any case, you can always rely on BÄR-Manufaktur – before, during, and after your purchase. Unless otherwise agreed, your warranty claims are governed by the statutory provisions of purchase law.

If you place your order with us as a business customer, the following applies: Delivered goods must be inspected by the customer without undue delay after delivery, as far as this is feasible in the ordinary course of business. If a defect is discovered, you must notify us immediately. If the customer fails to report the defect, the goods shall be deemed approved, unless the defect was not detectable upon inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise, the goods shall also be deemed approved with regard to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not relieved of their duty to inspect even in the event of recourse by the entrepreneur under Section 478 of the German Civil Code (BGB). If, in such cases, the customer does not immediately report the defect claimed by their buyer, the goods shall also be deemed approved with regard to this defect. If a defect exists, we are entitled, taking into account the nature of the defect and the legitimate interests of the customer, to determine the type of subsequent performance. Subsequent performance is deemed to have failed after the third unsuccessful attempt. The above does not apply in the case of recourse under Section 478 BGB. In the event of subsequent performance for defects, we are only obligated to bear the necessary expenses, in particular transport, travel, labor, and material costs, to the extent that these are not increased by the goods being moved to a location other than the customer's registered office or place of business where delivery was made. The above sentence does not apply in the case of recourse under Section 478 BGB. The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse under Section 478 BGB, nor in the cases of Section 438 (1) No. 2 BGB and Section 634a (1) No. 2 BGB. This also does not apply to claims for damages due to injury to life, body, or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

Payment Terms, Default, and Retention of Title

Payment can be made by one of the following methods:

• Invoice,
• Credit card,
• PayPal,

We reserve the right to refuse individual payment methods. In no case can we accept payment by check or cash (in any currency).

If you select invoice as your payment method, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within fourteen (14) days of receiving the order confirmation. After this period, you will automatically be in default. We will ship the goods within the specified delivery period.
For credit card payments (VISA, Mastercard, American Express), after submitting your order, you will provide us with your credit card details. The purchase price will be reserved on your credit card at the time of placing your order and verifying your identity as the legitimate cardholder. It will be charged to your card upon completion of the purchase agreement and shipment of the goods.

For PayPal payments, you will be redirected directly from the order process to the PayPal website. A PayPal payment can only be made if you are registered with PayPal or complete the registration. You will then be redirected to the payment page and confirm the payment instruction to us. After placing the order, we will request PayPal to initiate the payment transaction, which will be processed automatically. PayPal's Terms and Conditions can be found here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

For consumers, we retain ownership of the purchased goods until full payment of the invoice amount. If you are a business acting in the course of your trade or profession, a legal entity under public law, or a special public fund, we retain ownership of the purchased goods until all outstanding claims from the business relationship with the buyer are settled. The corresponding security rights are transferable to third parties.
If you are a consumer, the purchase price will bear interest at a rate of 5 percentage points above the base rate in the event of payment default. For a reminder letter sent to you after default, we may charge a reminder fee of 5 EUR, unless you can prove that no damage or significantly lower damage has occurred.

If you are not a consumer, the interest rate during payment default is 9 percentage points above the base rate. Additionally, we are entitled to claim a flat-rate damage compensation of 40 EUR from business customers in the event of payment default. We reserve the right to prove and claim higher default damages.

Transmission of Your Data for Credit Assessment

We transmit your data (name, address, and, if applicable, date of birth) to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, for credit assessment purposes. The legal basis for these transmissions is Article 6 (1) (b) and Article 6 (1) (f) of the GDPR. Transmissions based on these provisions may only be made if necessary to safeguard the legitimate interests of our company or third parties and do not override the interests, fundamental rights, or freedoms of the data subject requiring the protection of personal data. Detailed information about ICD under Article 14 of the EU General Data Protection Regulation (GDPR), i.e., information on the business purpose, purposes of data storage, data recipients, right to self-disclosure, right to erasure or correction, etc., can be found at the following link or in our privacy policy.

>CLICK HERE

Transport Damage

If goods are delivered with obvious transport damage, please report such defects immediately to the carrier and contact us as soon as possible.
Failure to report or contact us does not affect your statutory warranty rights. However, it helps us enforce our own claims against the carrier or transport insurance.

Prices, Delivery

All information in the webshop is subject to possible webshop/system errors and omissions.
All prices include statutory VAT plus packaging and shipping costs.
Until full payment is received, the goods remain the property of BÄR GmbH.

New Customers

For your first order, we will ask for your date of birth and landline phone number. Providing this information is not mandatory; it may be used for credit assessment and the legally required verification of our contractual partner, ultimately ensuring your and our security. We store this data for the duration of our contractual relationship with you or until you object to its storage. Therefore, please also provide this information for written orders. Please understand that for your first order, we can deliver no more than 2 pairs of shoes.

Environmental Protection

Our BÄR shoe packaging is eco-friendly. It is as small and light as possible and free from harmful and foreign substances. When folded, it can be easily disposed of with paper recycling. Of course, you can also return the packaging to us.

Codes of Conduct

Our shop www.baer-schuhe.de holds the EHI Certified Online Shop quality seal. To obtain this seal, we are regularly audited by EHI Retail Institute GmbH for compliance with the EHI Code of Conduct criteria. You can view the Code of Conduct at this link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.

General Information About Our Products:

Dark inner or lining leather may, as we avoid chemical additives for the well-being of your feet, transfer color. This also applies to leather items such as backpacks or handbags.
We reserve the right to make minor changes or deviations in material, cut, or processing of our products to improve them.

Please note:
Since we prioritize breathability and softness of the leather, moisture penetration cannot be excluded. As we use only naturally grown leather, minor variations in color or grain are possible. This is proof of the authenticity of our materials.

Liability, Damages, and Compensation

If you are a consumer, we are liable for damages in accordance with statutory provisions.

If you place your order with us as a business customer, the following applies in the event of our contractual liability for damages: If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives, or our vicarious agents, we are liable for damages in accordance with statutory provisions. If we, our representatives, or vicarious agents have negligently breached a duty whose fulfillment is essential for the proper execution of the contract, whose breach endangers the achievement of the contract’s purpose, and on whose observance the customer regularly relies, liability is limited to the foreseeable, typically occurring damage. Unless otherwise specified above, our liability for damages is excluded. The same applies if recourse claims are made against us as a supplier under § 478 BGB. The above exclusions and limitations of liability also apply to other claims, in particular tort claims or claims for reimbursement of futile expenses instead of performance.

The above exclusions and limitations of liability do not apply to any claims under §§ 1, 4 of the Product Liability Act or for negligent injury to life, body, or health. They also do not apply if we have assumed a guarantee for the condition of our goods, a performance success, or a procurement risk, and the guarantee case has occurred or the procurement risk has materialized. Proper and timely self-supply by the supplier is reserved, unless we are at fault for the incorrect and/or delayed delivery. Unless the limitation of liability for claims from producer liability under § 823 BGB applies, our liability is limited to the insurance compensation. If this does not apply or does not apply in full, we are liable up to the amount of the coverage. This clause does not apply in the event of negligent injury to life, body, or health. Where our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents. The above provisions do not involve a reversal of the burden of proof.

Final Provisions, Jurisdiction

If one or more provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the other provisions. If any provisions are invalid, the content of the contract shall be governed by statutory regulations.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For customers who conclude the contract for a purpose not attributable to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has their habitual residence. For all disputes arising from the contractual relationship, if the purchaser is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction is the location of our company in 74321 Bietigheim-Bissingen.

For customers who conclude the contract for a purpose not attributable to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has their habitual residence.

Dispute Resolution Procedure

We are generally not willing or obligated to participate in dispute resolution procedures before a consumer arbitration board.