General Terms and Conditions

Scope and provider

These General Terms and Conditions apply to all your purchase orders placed at the online shop of Joe Nimble® c/o BÄR GmbH, Pleidelsheimer Straße 15, 74321 Bietigheim-Bissingen, Germany (BÄR GmbH) and any contract between you and us for the sale of products to you from our online shop (Contract).

Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop.

The BÄR GmbH is contractual partner for all orders made through our online shop www.joe-nimble.com The products offered in our online shop are only available for purchase by persons who are 18 years or older.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.  A consumer is defined as an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. The sole contract language shall be English.

Consultation guarantee

The skilled BÄR-Manufaktur-Service staff will personally provide any information concerning questions about leather, maintenance or fitting and will give qualified advice in regard to repair and orthopedic changes.  Of course, you have the possibility to place your order immediately – this includes delivery information.

Contact person for customer service:

e-Mail: customercare@joe-nimble.com

Telephone:  +49 (0)7142 95 66 10 (charges depending on country of origin)

Monday to Friday from 8 am until 6 pm
Saturdays from 8 am until 2 pm

Conclusion of contract

Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract.After you have placed products into the "shopping cart", you can check and, if necessary, correct your entire order. You will make an offer of purchase only by clicking the "Place Order" or similar button. You will be given the possibility to verify the details and check for any entry errors before placing your order.

Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (acknowledgement of receipt). This E-Mail will also include the details of your order. The acknowledgement of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the acknowledgement of receipt.

A purchase contract for the products shall be concluded only when we expressly declare acceptance of the offer of purchase or when we ship the products to you without an express prior declaration of acceptance.

If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our online shop, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

You can view and print out the currently effective General Terms and Conditions on our website at www.joe-nimble.com/termsconditions. Conclusion of the Contract will be documented and stored at our location. Upon conclusion of the Contract, the text of the Contract will not be filed at our location and will therefore not be accessible by you. However, you will be given the possibility to print the text of the contract before forwarding your offer.

Delivery, time of delivery, partial delivery

For deliveries we will use reasonable endeavours to deliver the products on any specified date we agree, or if no date is specified, we will use reasonable endeavours to deliver the products within three weeks (excluding Sundays and public holidays) of the order acknowledgement.

For further inquiry, please contact us by telephone: +49 (0)7142 95 66 10 (charges depending on country of origin) or via fax on: +49 7142 95 66 22 (charges depending on country of origin).

Should not all the goods ordered be in stock, we shall be entitled to make delivery of the multiple goods in your order at different times, provided this is acceptable to you taking account of your and our interests. Any additional delivery costs will, of course, be borne by us

On delivery of each product to you the product shall be at your risk and responsibility and you will be responsible for its safekeeping.

Quality guarantee, warranty

The carefully hand-made original BÄR shoes are a true work of art. We offer a 36 month-guarantee on all of our models. If quality defects emerge regardless of proper care, we are obligated to repair, replace or equally compensate you free of charge, as long as the product in question is sent back to us including its receipt.
This excludes normal wear. In any case, you can count on BÄR at any time – before, during and after your purchase. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sale of goods and other applicable laws.

Shipping charge

We charge delivery costs per order, impartial of the order value according to the delivery costs schedule on http://www.joe-nimble.com/shippinglist. The costs elaborated on the delivery costs schedule also apply for partial delivery caused by us.

Terms of payment; default

Payment can be made by:

  • Credit card (such as Visa, MasterCard and American Express) or
  • PayPal
  • Immediate transfer

We reserve the right not to offer every possible payment method to every customer. Payment by check or cash will not be accepted in any case.

When paying by credit card, the purchase price will be charged to your credit card account upon completion of your order.

If payment by PayPal is chosen, you will automatically be forwarded to the PayPal site to proceed with your payment through your PayPal account or other registered payment methods.  You will be forwarded to our website to complete your order upon successful payment. 

If payment by immediate transfer is chosen, you will automatically be forwarded to the particular website where you will be able to complete your payment. The amount will be charged directly to your account. You will be forwarded to our website to complete your order upon successful payment.

ODR-Regulation

Starting February 15, 2016 the EU Commission will provide a platform for extrajudicial dispute settlement. Initially it enables consumers to resolve disputes concerning their online order without an arraignment. The platform can be reached at the following IP-address (link): http://ec.europa.eu/consumers/odr/

Risk of transport, Damage in transit

If products obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.

Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.

Defective Products

We are under a legal duty to supply products that are in conformity with the Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation and refund or anything else in these General Terms and Conditions.   

Prices, shipping charges, retention of title, delivery

Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified. Should not all the goods ordered be in stock, we shall be entitled to make delivery of the multiple goods in your order at different times, provided this is acceptable to you taking account of your and our interests. Any additional delivery costs will, of course, be borne by us. On delivery of each product to you the product shall be at your risk and responsibility and you will be responsible for its safekeeping.

Where products are not available for delivery at the time an order is placed, you shall be informed of the estimated delivery date. As soon as the products are available, they shall be sent to you.

The prices quoted on the product pages include value-added tax (where applicable). 

We shall retain title to the products until the purchase price has been paid in full.

It is always possible that, despite our reasonable efforts, some of the products in our online shop may be incorrectly priced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavor to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

New customers

Your first order will include questions about your date of birth and landline telephone number. While you are not obligated to provide this information, it could possibly be used in regard to credit assessment and verification of our contract partner for your own protection. We will save the data for the duration of our contractual relationship or until you object to the data storage. We ask you to also provide this information when placing written orders. Please take into consideration that your first order cannot include more than two pairs of shoes.

Money-back guarantee

If you withdraw your order after payment, we will refund the selling price. Please provide the specific bank account information for this transaction. Of course, if no information is provided, we will transfer the amount of the selling price to your customer account. In this case you will receive a notice.

Environment protection

Our BÄR-shoe packaging is environmentally friendly. It is as small and light as possible as well as free of any pollutants and foreign substances. The disposal of the packaging as waste paper is easily possible when folded together. Of course, you can also return the packaging to us.

General information concerning our products:

Since we want the best for your feet and therefore forego the use of chemical additives, dark inner leather or lining leather can cause staining. Other leather products, such as backpacks or purses, cannot be excluded.

Please note: due to the fact that we prefer breathable and soft leather, the possibility of intrusion of moisture cannot be ruled out. Since we only use naturally grown leather, small discrepancies in color or grain are possible. This is evidence of our material’s originality.

Liability

Unlimited liability: We shall be liable for willful intent and gross negligence. In the event of ordinary negligence, we shall be liable under the provisions of the German good liability act and for injury to the life, body or health of persons.

Limitation of liability: Apart from that, we shall be liable for ordinary negligence only in the event of a breach of a material contractual obligation fulfilment of which makes proper performance of the agreement possible in the first place and discharge of which the contractual partner may typically rely on (material contractual obligation). This limitation of liability shall likewise apply for the benefit of our vicarious agents.

Final provisions

Should any of the provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
These General Terms and Conditions and all contracts between you and us shall exclusively be governed by the laws of Germany excluding application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).The choice of law shall not apply to the extent that you would be deprived of protection under overriding mandatory provisions under the law of your state of residence.

If you are an entrepreneur merchant, a corporate body under public law or a special fund under public law, the place of jurisdiction for any dispute arising from or in connection with any contract between you and us shall be [place].

These General Terms and Conditions were last updated in December 2015.