1. Scope
These terms and conditions apply to all orders placed through our online shop. For businesses, they also apply to future business relationships without us having to refer to them again. Deviating or supplementary terms and conditions of businesses shall only become part of the contract if we expressly agree to their validity.
2. Contracting parties, conclusion of contract, corrections
The contract comes into effect on Berend Ltd come about.
By presenting the products in the online shop, we are making a binding offer to conclude a contract. You can place products in the shopping basket without obligation and change your input at any time before submitting the binding order using the correction aids explained in the ordering process. The contract is concluded by clicking the order button. Immediately after submission, you will receive an order confirmation by e-mail.
3. Language of the contract, storage of the contract text
Contract languages: German, English.
We will store the contract text and send you the order data and these terms and conditions on a durable medium. You can view the contract text in your customer account.
4. Delivery conditions
Delivery charges: Any shipping costs are shown in the respective offer.
Delivery options: Delivery to the address specified during the order process.
Collection Collection from Berend GmbH, Einsteinstraße 4, 49835 Wietmarschen, Germany, weekdays 7:00–16:30.
Payment
- Advance payment Bank details via email; dispatch upon receipt of payment.
- Cash on delivery Payment on delivery; plus €7.90 (excluding consumers habitually resident in France).
- Credit card Load immediately after order completion.
- SEPA Direct Debit Advance notice ≥ 1 bank working day; Direct debit after dispatch.
- PayPal / PayPal Express Processing via PayPal; other payment methods (card, direct debit, invoice, Ratepay) as per PayPal account.
- Credit Card/Direct Debit/Invoice via PayPal/Ratepay subject to address/credit check; details in the order process.
- SOFORT by Klarna, Google Pay, Apple Pay, EPS, giropay / paydirekt, Amazon Pay: according to provider information at checkout.
- Klarna (consumers only): Purchase on account (14 days), financing (min. 1/24, min. €6.95), PayNow direct debit/credit card.
- Invoice (direct): Due 7 days after receipt of goods and invoice; subject to successful credit check.
- Cash on collection
7. Retention of Title
The goods remain our property until full payment has been made. The following also applies to businesses: retention of title until all claims arising from the ongoing business relationship have been settled; advance assignment of claims arising from resale in the amount of the invoice value; release of security upon request, insofar as its realisable value exceeds our claims by more than 10 %.
8. Transport damage.
Consumers In the event of obvious transport damage, please complain to the delivery driver as soon as possible and inform us. Your statutory rights remain unaffected.
Entrepreneur Transfer of risk upon handover to the carrier/forwarder.
9. Guarantees and Warranties
9.1 Liability for defects
Statutory warranty rights apply. For consumers, the regulations of the state of their habitual residence apply. Restrictions on entrepreneurs do not apply in cases of injury to life, limb, or health, intent/gross negligence, malice, breach of material contractual obligations, agreed guarantees, or under the Product Liability Act.
Entrepreneur Only our specifications/agreed manufacturer descriptions shall be deemed as agreed quality. The limitation period for new goods is 1 year from the transfer of risk (exception: use in construction). Sale of used goods: exclusion of warranty. Recourse pursuant to Section 445a of the German Civil Code (BGB) remains unaffected. Merchants: duty to give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
Claims/Returns: Please refer to the contact details provided in the imprint. Required inspection returns will be at our expense. Response time: immediately, at the latest within 14 days.
9.2 Guarantees & Customer Service
Voluntary guarantees (if offered) and their terms and conditions can be found with the product or on separate information pages.
10. Liability
Unlimited liability for injury to life, limb or health, for intent/gross negligence, for assumed guarantees, and towards consumers. In all other respects, liability is limited to the foreseeable, contractually typical damage at the time of contract conclusion.
11. Online dispute resolution
We are willing to participate in a dispute resolution procedure before a consumer arbitration board for the settlement of disputes arising from consumer contracts.
Federal Conciliation Body at the Centre for Conciliation e. V.
Straßburger Straße 8, 77694 Kehl am Rhein, Germany
mail@universalschlichtungsstelle.de
12. Final Provisions
For entrepreneurs, German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity governed by public law, or a special fund under public law, the exclusive place of jurisdiction shall be our registered office.
1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop. These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Berend Ltd.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English.
We save the contract text and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the contract text in our customer login area.
4. Conditions of delivery
Delivery charges
Delivery charges may apply to the product prices displayed. Further information on delivery charges, if applicable, is explained within individual product offers.
Delivery options
We ship the products to the delivery address specified in the order process.
You are entitled to collect your order from Berend Ltd, Einsteinstraße 4, 49835 Wietmarschen, Germany during the following hours of business: 7:00 – 16:30.
5. Payment
The following payment methods are generally available in our online shop.
- Advance payment If you opt for advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods upon receipt of funds.
- Cash on delivery You will pay the purchase price directly to the deliverer. Additional costs of 7.90 Euros will apply, unless you are a consumer habitually resident in France.
- Credit card You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
- SEPA direct debit By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of charging your account at least one bank business day in advance (so-called pre-notification). Debiting the account takes place after shipping the goods.
- PayPal, PayPal Express Payment via PayPal; further options may be offered by PayPal/Ratepay at their discretion.
- PayPal services (no prior PayPal registration required unless stated): details are provided during checkout.
- Credit card via PayPal Your card will be charged by PayPal after dispatch.
- Direct debit via PayPal Address/credit check; account may be charged before dispatch.
- Invoice payment via PayPal / Ratepay Address/credit check; payment made directly to PayPal or Ratepay GmbH.
- SOFORT by Klarna Online banking required; immediate charge after order.
- Google Pay Processed directly after order submission.
- Electronic Payment Standard (EPS) For Austrian bank accounts; immediate debit after order.
- Apple Pay Processed immediately after order.
- giropay / paydirekt Online banking required; immediate debit; provider may offer additional methods.
- Amazon Pay Processed within one banking day after ordering.
- Klarna (for consumers only) Address/credit check may be required; payment made to Klarna:
- Purchase on account Due 14 days after shipping/invoice receipt.
- Financing Monthly instalments of at least 1/24 (minimum 6.95 euros).
- PayNow direct debit SEPA mandate; charged after dispatch.
- PayNow credit card: Charged immediately after order; no address/credit check.
- Invoice Payment due 7 days from receipt of invoice and goods; subject to credit check.
- Cash on collection Payment can be made in cash on collection.
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
7. Retention of title
The goods shall remain our property until full payment has been made. For businesses, additional retention of title provisions shall apply as described above in the German version (advance assignment of claims etc.).
8. Damage during delivery
Consumers: If goods are delivered with obvious transport damage, please report the defect to the carrier and notify us without delay. Your legal rights remain unaffected.
Businesses: Risk passes to you when the goods are handed over to the carrier/forwarder.
9. Warranty and guarantees
9.1 Liability for defects
Statutory guarantee provisions apply; consumer law of the country of habitual residence remains applicable. Limitations do not apply in cases of injury to life/body/health, intent/gross negligence, deceit, breach of cardinal obligations, agreed guarantees, or Product Liability Act.
Businesses: Only our specs/contractually included manufacturer descriptions define quality; limitation period for new goods is one year from transfer of risk (exceptions apply). Sale of used goods: warranty excluded. Merchants must comply with § 377 HGB (duty to examine and give notice of defects). Right of recourse under § 445a BGB remains unaffected. Complaints may be sent to our imprint address; required returns for inspection are at our cost; we respond within 14 days.
9.2 Guarantees and customer service
Voluntary guarantees (if any) and their conditions are shown with the product or on dedicated pages.
10. Liability
Unlimited liability for damages caused by us/our agents: injury to life/body/health; intent/gross negligence; agreed guarantees; towards consumers. Otherwise, liability is limited to foreseeable, direct damages at the time of contract conclusion.
11. Online dispute resolution
We are willing to participate in dispute settlement proceedings before a consumer dispute resolution body.
Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany – mail@universalschlichtungsstelle.de
12. Final provisions
For businesses, German law applies, excluding the UN Sales Convention. If you are a merchant (HGB), a public-law entity or special public-law fund, exclusive jurisdiction is our registered office.
