General Terms & Conditions/Mandatory Consumer Information
These terms & conditions ("T&Cs") exclusively govern the use of our website (www.berndes.com/shop) and the conclusion of distance contracts on the sales of products presented thereon. These T&Cs include mandatory legal consumer information about your rights and our duties referring to distance contracts and e-commerce.
We do not accept or acknowledge any deviating or contrary terms and conditions of the ordering party unless we expressly agree to their applicability in writing.
2. Provider/Your Contracting Partner
Online Shop provider and your contractual partner is:
Phone.: +49 (0) 40 22 63 07 080
Fax: +49 (0) 40 22 63 07 330
represented by its Managing Director: Kai Vollrath;
Trade Register No.: HRB 87821;
Court of Registration: Hamburg;
VAT Identification No. DE230134238
Berndes is a certified online shop and complies with the Trusted Shops Code of Conduct (located under www.trustedshops.de)
3. Order; Conclusion, Wording and Language of Contract
The presentations of our products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order our goods.
You may add the goods presented on our product offer site to your shopping cart by pressing the >> ADD TO BASKET button and view the selected items by clicking >> GO TO BASKET.
If you proceed by clicking >> CHECK OUT and entering your personal data required for the execution of your order you, after clicking >> NEXT, reach a summary page on which you may review your ordering inquiries. By clicking the >> BUY button at the end of the online order form you place a legally binding offer to buy the items contained in your shopping cart. You may correct any misentry in your cart by clicking the dustbin-symbol or changing the amount of items you choose, using the >> UPDATE button to update before you finally press >> BUY.
Shortly after receipt of your Contractual Offer we will send you an acknowledgement-e-mail. This acknowledgement is not an order confirmation or acceptance of your Contractual Offer yet. Acceptance of your order and completion of the sales contract will take place when your receive our separate acceptance ("Order Confirmation") following the acknowledgement-e-mail. We will accept or refuse your contractual offer by sending you an email within two days from receipt of your order.
Contracts can be concluded in German or English language.
The wording of the contract consisting of the details of your order and these T&Cs will be stored and sent to you along with the order confirmation. Our T&Cs can also be accessed in the the online shop at any time. Registered customers have access to their placed orders after log-in under "My account".
4. Prices/Shipping Costs/ Payment/Returning Costs
All prices shown in our online shop are inclusive of statutory value added tax ("VAT") and other price components.
When shipping to the destination Switzerland is ordered the statutory German value-added tax (Mehrwertsteuer) is going to be deducted automatically in our systems. In the course of shipment your orders will be declared to the customs authorities of Switzerland. The Swiss value-added tax and any incurring customs duties and charges shall be borne by you. See the website of the Swiss customs authorities (Eidgenössische Zollverwaltung) for more details.
Additionally we charge shipping costs which are shown under the link "plus shipping costs" at the end of each product site and displayed separately in your basket.
You can pay by credit card, using the payment service PayPal or in advance by bank transfer. You can also pay on account if you have provided a billing address in Germany and the value of the goods in your shopping basket is between EUR 1.50 and EUR 1,500. You will receive an invoice containing our bank details together with our order confirmation. The invoice amount is due for payment as soon as the invoice is received.
5. Reservation of Title
The goods delivered remain our property until full payment is made.
6. Delivery Terms/Default
We deliver to Germany, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, United Kingdom, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.
Delivery times within Germany are 1-3 working days and 7-10 working days to any other mentioned country. In case of payment in advance the period of delivery commences after receipt of payment. Any deviating delivery times for single items we will indicate separately in the online shop.
Disturbances in our business operations caused through no fault of ours, such as, without limitation, strike, lockout, and cases of force majeure that are due to an unforeseeable event for which we are not at fault, shall extend the delivery term accordingly. In the event that such disturbances prevent us from delivering the goods within one month from placing your order you may cancel the contract. Statutory rights of cancellation to which you are already entitled within the period of one month shall not be affected.
7. Consumers' Right of Withdrawal
If you enter into a legal transaction for a purpose that is, for the most part, outside your trade, business or profession and thus order as a consumer in our internet shop, you have a right of withdrawal according to the following conditions:
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 14 DAYS WITHOUT STATING ANY REASONS.
THE WITHDRAWAL PERIOD WILL EXPIRE AFTER 14 DAYS FROM THE DAY ON WHICH YOU OR A THIRD PARTY YOU NOMINATED AND WHO IS NOT THE CARRIER RECEIVED THE GOOD(S).
IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU SHALL INFORM US (HATRACO GMBH, PEUTESTRAßE 22a, D-20539 HAMBURG, TEL. +49 (0)40 22 63 07 080, FAX +49 (0) 40 22 63 07 330, E-MAIL: SHOP@BERNDES.COM) OF YOUR DECISION TO WITHDRAW FROM THE CONTRACT BY MEANS OF AN UNEQUIVOCAL DECLARATION (FOR EXAMPLE, IN A LETTER SENT BY POST, TELEFAX OR EMAIL). FOR THIS, YOU MAY USE THE ATTACHED WITHDRAWAL FORM, ALTHOUGH THIS IS NOT A STRICT REQUIREMENT.
IT SHALL BE DEEMED SUFFICIENT FOR COMPLIANCE WITH THE WITHDRAWAL TERM, IF YOU DISPATCH THE NOTIFICATION OF EXERCISING THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL TERM HAS EXPIRED.
CONSEQUENCES OF WITHDRAWAL
WHEN YOU WITHDRAW FROM THIS CONTRACT, WE ARE OBLIGATED TO REFUND ALL OF THE PAYMENTS THAT WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY COSTS (EXCEPT ADDITIONAL COSTS RESULTING FROM YOUR DECISION TO USE A DIFFERENT DELIVERY METHOD THAN THE CHEAPEST STANDARD METHOD WE OFFER), WITHOUT ANY UNDUE DELAY AND WITHIN NO MORE THAN 14 DAYS AFTER RECEIPT OF YOUR NOTIFICATION OF WITHDRAWAL. FOR THIS REFUND, WE WILL USE THE SAME PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; IN ANY EVENT, WE SHALL NOT CHARGE YOU ANY FEES ON THE BASIS OF THIS REFUND. WE MAY REFUSE TO MAKE THE REFUND UNTIL WE HAVE RECEIVED BACK THE GOODS OR UNTIL YOU HAVE PROVIDED EVIDENCE THAT YOU HAVE SENT BACK THE GOODS, WHICHEVER IS EARLIER.
YOU ARE OBLIGED TO RETURN THE GOODS WITHOUT ANY UNDUE DELAY AND IN ANY EVENT WITHIN NO MORE THAN 14 DAYS AFTER THE DATE ON WHICH YOU NOTIFIED US OF THE WITHDRAWAL. THE DEADLINE WILL BE UPHELD PROVIDED THE GOODS HAVE BEEN DISPATCHED WITHIN 14 DAYS OF THE NOTIFICATION. WE SHALL BEAR THE DIRECT COSTS FOR THE RETURN OF THE GOODS.
YOU ARE ONLY REQUIRED TO COMPENSATE FOR ANY DIMINISHED VALUE OF THE GOODS, IF THIS DIMINISHED VALUE IS ASCRIBED TO AN UNNECESSARY HANDLING THEREOF ON YOUR PART TO TEST THE CONDITION, FEATURES AND MODE OF OPERATIONS OF THE GOODS.
7a Voluntary Right of Return
Without prejudice to the statutory Right of Withdrawal, we grant the following voluntary right of return to consumers for goods which are ordered from 01 to 21 December 2017: After the expiry of the 14-day cancellation period, you shall be entitled to withdraw from the contract by returning the goods to us by 10 January, 2018. The date of dispatch of goods will be used to determine compliance with this time limit.
Sample Withdrawal Form
(If you would like to revoke your contract, please fill out this form and send it back to us.)
To: Hatraco GmbH, Peutestraße 22a, D-20539 Hamburg, Fax +49 (0) 40 22 63 07 330, E-Mail: firstname.lastname@example.org
I/We (*) hereby revoke the contract, agreed upon by me/us (*), for the purchase of the following goods/for the provision of the following services (*)
Ordered on (*)/ received on (*) ________________________________________________________
Name of consumer(s) _______________________________________________________________
Address of consumer(s) _____________________________________________________________
Signature of consumer(s) (only if delivered on paper)
(*) Delete as applicable
8. Limitation of Liability
We kindly ask you to give us or the deliverer immediate notice of any defects upon delivery of the goods, such as, without limitation, apparent transport defects. The omission of giving us notice does not affect your statutory rights, unless the purchase is a commercial transaction and you have the requirement to make a complaint according to § 377 HGB (German Commercial Code). With your instant notification you enable us to claim our own rights against the deliverer or the transport insurance.
In the event that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails you are entitled at your discretion to either reduce the purchase price or withdraw from the contract and claim compensation.
We are unrestrictedly liable under the statutory provisions for any injury to life, body and health caused by a negligent or willfully breach of obligations.
Our liability for property damages and financial loss is limited to damages/losses caused grossly negligent or willfully.
If we breach a material contractual obligation or a cardinal obligation, i.e. an obligation which fulfillment is essential to the due and proper performance of the contract and of which compliance you may regularly rely, we shall be liable for property damage and financial loss even in cases of slight negligence. This also applies to compensation claims in place of performance.
As far as we have violated a material or cardinal contractual obligation slightly negligent our liability is limited to the typically foreseeable damage.
The limitation of liability pursuant to the provisions above is also applicable if we are unable to deliver by accident in the course of delay or if the customer exercises other rights, in particular, without limitation, on the grounds of tort or a claim for reimbursement of expenses in place of performance. The limitation of liability pursuant to the provisions above is not applicable if we issued a guarantee as well as if liability is mandatory according to statutory provisions, such as, without limitation, the Product Liability Act ("Produkthaftungsgesetz"). Beyond this our liability is excluded.
Our liability, limitation or exclusion of liability to the afore mentioned extent shall also apply to damages caused through breaches of our employees', workers', staff's, representatives' and auxiliary persons' obligations.
9. Dispute resolution / customer services
The European Commission provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. We are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board. If you have any questions, claims or complaints, our customer services team is happy to help. You can call them on +49 (0) 40 22 63 07 080 from Mondays to Thursdays between 8am and 6pm, and on Fridays between 8am and 5pm, or email them at email@example.com.
10. Governing Law/Jurisdiction
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Hatraco GmbH, 13.06.2014