Conditions

Terms and conditions

1. Scope of application
For all orders via our online store, the following terms and conditions shall apply to consumers and businesses or entrepreneurs.

A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business or entrepreneur shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.

The following shall apply towards businesses or entrepreneurs: Should the business or entrepreneur use contradicting or supplementary terms and conditions, their validity is hereby objected; they only become a part of the contract to the extent that we have explicitly approved their validity.

2. Contracting party, conclusion of a contract
The contract of purchase is concluded with Berry.En AG.

With the placement of products in the online shop, we submit a firm offer on these items. Initially non-binding, you may place our offered products into the shopping basket and adjust your input prior to finalising your order, by using the proofing tools included and explained in the order process. By finally pressing the order button, you make a legally binding commitment to purchase the goods in the shopping basket.

3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.

4. Delivery terms
In addition to the stated product prices, shipping costs may apply. You can find out more about the possible shipping costs in the offers.

We only deliver by shipping. Unfortunately, a self collection of the product is not possible.

We do not deliver to packing stations.

5. Cancellation of subscriptions
Deliveries that are made by subscription (e.g. savings subscriptions) can be canceled at any time. The cancellation can be carried out in the customer account under "My subscriptions".

6. Payment
The following payment methods are generally available in our shop:

Credit card:
When you submit the order, you provide your credit card details and the credit card company carries out an authorization check. After your legitimation as a legitimate cardholder, the payment transaction is carried out automatically and your card is debited.

PayPal, PayPal Express:
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

7. Right of withdrawal
You have the legal right of withdrawal, as described in the cancellation policy.

8. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice, regardless of a connection or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

9. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The duty to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods are deemed to be approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.

10. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Towards entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, count as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide the entrepreneur with a choice of remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty and malice
• in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

11. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of an intentional or grossly negligent breach of duty
• in the case of a guarantee promise, if agreed, or
• as far as the scope of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.

12. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

13. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of UN sales law.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB created with the Trusted Shops legal text in cooperation with Wilde Beuger Solmecke Rechtsanwälte.