Terms and conditions
For orders from the Herrengut Barbershop online shop, such as gift vouchers.
Please note: this English version is a convenience translation. Only the German version is legally binding – read the German version.
Herrengut Barbershop UG (haftungsbeschränkt) & Co. KG
Dorotheenstraße 139
22299 Hamburg
– hereinafter “the Provider” –
§ 1 Scope
(1) The Provider’s services for the online shop at www.herrengutbarbershop.de are provided exclusively on the basis of the following general terms and conditions in the version valid at the time of the order.
(2) Our general terms and conditions apply exclusively. Terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.
§ 2 Conclusion of the contract
(1) Our offers on the internet constitute a non-binding invitation to the customer to order goods. By submitting the completed order form on our website, the customer makes a binding offer to conclude a contract. Before submitting, the customer can check and correct their entries in the order form at any time.
(2) For payment in advance, confirmation of receipt of the order is sent automatically by email immediately after the order has been submitted and does not yet constitute acceptance of the contract. We can accept your order within 2 days by sending an order confirmation or an invoice by email.
(3) For payment via PayPal, the customer is forwarded to PayPal after submitting the order. We accept the customer’s offer when the payment is completed at PayPal; the customer receives the order confirmation by email. If forwarding to PayPal is exceptionally not possible, paragraph 2 applies accordingly and we send the PayPal payment request with the order confirmation.
(4) Consumers have a statutory right of withdrawal. In addition to the other ways of withdrawing, consumers can withdraw from a contract concluded via our website directly online using our withdrawal function, which is permanently available at https://www.herrengutbarbershop.de/en/withdraw/. Details of the right of withdrawal can be found in our cancellation policy.
§ 3 Payment, default
(1) The prices listed on our website at the time of the order apply. All prices include statutory VAT plus the shipping costs listed in each case.
(2) The purchase price can be paid in advance (by bank transfer) or via the PayPal service. When paying in advance, the customer transfers the purchase price to the account stated in the order confirmation or invoice. When paying via PayPal, the customer pays at PayPal immediately after submitting the order (§ 2(3)).
(3) If the “PayPal” payment method is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal user agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full.
(4) If the customer defaults on payment, we are entitled to demand default interest of five percentage points above the base rate of the European Central Bank. If we claim further damage caused by default, the customer has the opportunity to prove that the damage claimed did not occur at all or was at least substantially lower.
§ 4 Retention of title
We retain ownership of the delivered item until the purchase price has been paid in full.
§ 5 Delivery
(1) Delivery is made within 5 working days of receipt of the order or, in the case of payment in advance, 5 working days after receipt of payment. We indicate any different delivery times on the respective product page. The start of the delivery time stated by us presupposes that the customer fulfils their obligations on time and properly, in particular that the delivery address is stated correctly in the order.
(2) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider’s supplier does not fulfil its contractual obligations, the customer will be informed without delay that the ordered goods are not available. Any consideration already provided by the contracting party will be refunded without delay. The customer’s statutory rights remain unaffected.
(3) Towards entrepreneurs, the risk of deterioration or loss of the goods passes to the customer when the delivery item is handed over to the transport company. If handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day on which the delivery item is notified as ready for dispatch.
§ 6 Default of acceptance
(1) If the customer is in default of acceptance or culpably breaches other obligations to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that made delivery impossible, or if they were temporarily prevented from accepting the service offered, unless the seller had announced the service to them a reasonable time in advance.
(2) Interest is payable on the purchase price during the default. The default interest rate is five percentage points per annum above the base rate. For legal transactions between entrepreneurs, the interest rate is eight percentage points above the base rate.
(3) The customer, for their part, reserves the right to prove that damage in the amount claimed has not occurred or is at least substantially lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer is in default of acceptance or payment.
§ 7 Warranty
(1) In the event of a defect, the customer can choose whether subsequent performance is to be made by repair or by replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not cause significant disadvantages for the customer.
(2) If subsequent performance has failed or we have refused subsequent performance altogether, the customer can, at their option, demand a reduction of the purchase price or withdraw from the contract. Any claims for damages by the customer remain unaffected.
(3) If the customer is an entrepreneur within the meaning of § 14 BGB, the following is deemed agreed for the customer’s warranty claims: obvious defects must be notified to the Provider in writing without delay, at the latest within 14 calendar days of delivery of the goods; hidden defects must also be notified in writing without delay, at the latest within 14 calendar days of their discovery. If a defect is not notified in time, the customer’s warranty rights relating to that defect are excluded. However, this does not apply if the Provider has fraudulently concealed the defect and/or has given a corresponding guarantee. Warranty claims – except in the case of claims for damages – become time-barred one year after delivery of the purchased item to the entrepreneur.
§ 8 Limitation of liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
(1) The seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise provided in this respect,
- on the basis of mandatory liability, such as under the German Product Liability Act.
(2) If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
(3) Otherwise, the seller’s liability is excluded.
(4) The above liability provisions also apply to the seller’s liability for its vicarious agents and legal representatives.
§ 9 Data protection
We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent, or only to the extent necessary to process the contract, for example to the companies commissioned with delivering the goods. Further details can be found in our privacy policy.
§ 10 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not deprive a consumer of mandatory consumer protection provisions.
(2) If the contracting parties are merchants, the court at our registered office in Hamburg has jurisdiction, unless an exclusive place of jurisdiction applies to the dispute. This also applies if the customer has no place of residence within the European Union.
§ 11 Final provision
Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract remain unaffected.
Consumer dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

