General terms and conditions with customer information
1. Scope of application
2. Tenders and specifications
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Warranty for material defects and guarantee
10. Storage of the contract text
11. Final provisions
1. scope of application
1.1. For the business relationship between Berrey UG (haftungsbeschränkt), Auf der Worth 28, 37520 Osterode (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and claims Monday to Friday from 9:00 AM to 4:30 PM by phone + 49 5522 91 82 571 and by e-mail at email@example.com.
1.3. A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.
2. tenders and specifications
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated with the products. Errors and omissions excepted.
Note: Please enter the applicable button labels below.
3. order process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking on the button [in den Warenkorb]. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart by clicking the button [Weiter zur Kasse].
3.2. By clicking the button [zahlungspflichtig bestellen] the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with pre-payments takes place therefore at the most for 10 calendar days.
4. prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1. The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from asserting further claims for damages caused by default.
6.6. The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been received.
8 Warranty for material defects and guarantee
8.1. The warranty is determined according to legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, irrespective of the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, at the latest however with the delivery of the commodity, the customer receives further a copy of the AGB together with revocation instruction and the references to forwarding expenses as well as terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable.
11. final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contractual language is German.
11.3. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.