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1.1 These General Terms and Conditions (hereinafter “T&Cs”) of BARTENBACH WERBEMITTEL GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or an entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless expressly agreed otherwise.
1.2 These T&Cs apply accordingly to contracts for the supply of vouchers, unless expressly stipulated otherwise.
1.3 A “consumer” within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes which predominantly are outside his or her trade, business or profession.
1.4 An “entrepreneur” within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve only for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the day on which the Customer sends the offer and ends upon expiry of the fifth day following the day on which the offer is sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the Customer chooses a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L‑2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal which can be selected in the online ordering process, the Seller hereby declares that it accepts the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer after the Customer has submitted his order in text form (e.g. e‑mail, fax or letter). The Seller will not make the contract text available to the Customer beyond this. If the Customer has created a user account in the Seller’s online shop before submitting his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password‑protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical aid for better recognising input errors can be the browser’s zoom function, by means of which the display on the screen is enlarged. During the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing and contacting generally take place by e‑mail and automated order processing. The Customer must ensure that the e‑mail address provided by him for order processing is correct so that e‑mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e‑mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.9 When ordering alcoholic beverages, the Customer confirms, by submitting the order, that he has reached the legally required minimum age.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Detailed information on the right of withdrawal is provided in the Seller’s instructions on withdrawal.
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.
4.4 If the Customer selects a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, which may use the services of third‑party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which it makes advance payment to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim to PayPal or to the third‑party payment service provider specifically named to the Customer by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check by using the Customer data provided. The Seller reserves the right to refuse the payment method selected by the Customer in the event of a negative result of the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can make payments with debt‑discharging effect only to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.
4.5 If the Customer selects a payment method offered via the “Unzer” payment service, payment is processed via the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin, Germany (hereinafter “Unzer”). The individual payment methods offered via Unzer are communicated to the Customer in the Seller’s online shop. For payment processing, Unzer may use the services of third‑party payment service providers, for which special payment conditions may apply and to which the Customer may be referred separately. Further information on Unzer can be found at https://www.unzer.com/de/zahlungsmethoden/.
4.6 If the Customer selects a payment method offered via the “Stripe” payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services, for which special payment conditions may apply and to which the Customer may be referred separately. Further information on Stripe can be found at https://stripe.com/de.
4.7 If the Customer selects a payment method offered via the “SumUp” payment service, payment is processed via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland, D02 K580 (hereinafter “SumUp”). The individual payment methods offered via SumUp are communicated to the Customer in the Seller’s online shop. For payment processing, SumUp may use additional payment services, for which special payment conditions may apply and to which the Customer may be referred separately. Further information on SumUp can be found at https://www.sumup.com/de-de/.
4.8 If the “purchase on account” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within the period stated on the invoice, unless otherwise agreed. The Seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will point out the corresponding payment restriction to the Customer in its payment information in the online shop.
4.9 If “SEPA direct debit” is selected as the payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before expiry of the period for pre‑notification. The direct debit will be collected when the ordered goods leave the Seller’s warehouse, but not before expiry of the pre‑notification period. Pre‑notification is any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the indication of an incorrect bank account, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the chargeback by the respective credit institution if he is responsible for this.
4.10 If “direct debit via Stripe” is selected as the payment method, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). In this case, Stripe will collect the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before expiry of the pre‑notification period. Pre‑notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the indication of an incorrect bank account, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the chargeback by the respective credit institution if he is responsible for this. The Seller reserves the right, if SEPA direct debit is selected as the payment method, to carry out a credit check and to refuse this payment method in the event of a negative result.
4.11 If “direct debit via Unzer” is selected as the payment method, payment is processed via the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg, Germany (hereinafter “Unzer”), to whom the Seller assigns its payment claim. Before accepting the Seller’s declaration of assignment, Unzer will carry out a credit check by using the Customer data provided. The Seller reserves the right to refuse the “direct debit via Unzer” payment method in the event of a negative result of the credit check. If the “direct debit via Unzer” payment method is approved by Unzer, Unzer will collect the invoice amount from the Customer’s bank account after a SEPA direct debit mandate has been issued, but not before expiry of the pre‑notification period. Pre‑notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the indication of an incorrect bank account, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the chargeback by the respective credit institution if he is responsible for this.
The “direct debit via Unzer” payment method is excluded,
The Seller further reserves the right to offer the “direct debit via Unzer” payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will point out the corresponding payment restriction to the Customer in its payment information in the online shop.
5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 In the case of goods delivered by a forwarding agent, delivery shall be made “kerbside” (free curbside), i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of the outbound shipment if the Customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provisions in the Seller’s instructions on withdrawal regarding the costs of return shall apply.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise entrusted with carrying out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass to the Customer until the goods are handed over to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even if he is a consumer, as soon as the Seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise entrusted with carrying out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or institution entrusted with carrying out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self‑supply. This applies only if the non‑delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non‑availability or only partial availability of the goods, the Customer shall be informed without delay and any consideration already paid shall be refunded without delay.
5.6 Self‑collection is not possible for logistical reasons.
5.7 Vouchers are provided to the Customer as follows:
If the Seller makes advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise provided in the following, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
7.2 The above‑mentioned limitations of liability and shortening of limitation periods shall not apply
In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
If the Customer acts as a merchant within the meaning of Section 1 German Commercial Code (HGB), he shall be subject to the commercial duty to examine the goods and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
If the Customer acts as a consumer, he is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect on his statutory or contractual claims for defects.
The Seller shall be liable to the Customer under all contractual, quasi‑contractual and statutory, including tortious, bases of claim for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal ground
8.2 If the Seller negligently breaches a material contractual obligation (cardinal duty), liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to Section 8.1 above. Material contractual obligations (cardinal duties) are obligations which the contract, according to its content, imposes on the Seller to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and on the compliance with which the Customer may regularly rely.
8.3 In all other respects, liability on the part of the Seller is excluded.
8.4 The above provisions on liability shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9.1 If, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to process the goods in accordance with the Customer’s specifications, the Customer shall provide the Seller with all content required for such processing, such as texts, images or graphics, in the file formats, formats, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The Customer alone is responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. In particular, he shall ensure that no third‑party rights are infringed thereby, in particular copyrights, trademark rights and personality rights.
9.2 The Customer shall indemnify the Seller against any claims asserted by third parties against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defence, including all court and lawyer’s fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement of rights. In the event of a claim being made by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of the claims and for a defence.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or offends common decency. This applies in particular in the event that unconstitutional, racist, xenophobic, discriminatory, insulting, harmful‑to‑minors and/or violence‑glorifying content is provided.
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent set‑off is not possible.
10.4 Several promotional vouchers may be redeemed per order.
10.5 If the promotional voucher refers to a specific amount and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The balance of a promotional voucher will not be paid out in cash nor will it bear interest.
10.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher under his statutory right of withdrawal.
10.9 The promotional voucher is transferable. The Seller may perform with debt‑discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, the lack of legal capacity or the lack of power of representation of the respective holder.
11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent set‑off is not possible.
11.4 Several gift vouchers may be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
11.7 The balance of a gift voucher will not be paid out in cash nor will it bear interest.
11.8 The gift voucher is transferable. The Seller may perform with debt‑discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, the lack of legal capacity or the lack of power of representation of the respective holder.
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall in all cases be entitled to bring an action before the court at the Customer’s registered office.
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Stand 03.03.2026
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