Terms of service
GENERAL TERMS AND CONDITIONS OF BERCKWERK COMPANY
§ 1 Scope of Application and Provider
(1) The general terms and conditions (hereinafter referred to as "GTC") govern the sale of products by
Berckwerk Company
shop.berckwerk.de
Owner: Andy Berck
Behringstraße 28A / House 2
22765 Hamburg
info@berckwerk.de
(hereinafter also referred to as "Provider") to you, in their valid version at the time of ordering.
(2) Deviating terms and conditions of the purchaser are rejected.
(3) Please read these provisions carefully before placing an order with Berckwerk. By placing an order with us, you agree to the application of the sales conditions.
(4) On shop.berckwerk.de, we offer gemstones and findings.
§ 2 Conclusion of the Contract
(1) The offers are exclusively aimed at goldsmiths, jewelry designers, jewelers, and dealers in the watch and jewelry industry.
(2) The customer's order is an offer to the provider to conclude a contract. Berckwerk Company confirms receipt of the offer by email or written declaration. This acknowledgment of receipt does not constitute acceptance of the offer.
(3) Acceptance of the offer by shop.berckwerk.de may be made by delivering the goods or by confirming the acceptance of the order to the customer in another way (e.g., by providing transport information via email). With this acceptance, the contract is concluded.
(4) All order data entered by the customer will be displayed collectively after completion of entry and before submission of the order, with the opportunity to correct input errors.
§ 3 Prices and Shipping Costs
(1) The prices indicated are net prices, exclusive of VAT. In addition, there is a shipping fee determined by the value of the order, shipping method, and delivery country.
(2) Despite our best efforts, it may happen that a small number of products are listed with incorrect prices. We check all prices when processing the order and before charging the payment. If one of your selected items has a correct higher price, we will contact you to clarify whether you want to pay the correct price or cancel the order. If the correct price is lower than the stated price, we will calculate the lower amount and send you the item.
(3) For details on current shipping costs, please refer to the page about our shipping costs.
§ 4 Payment, Due Date, Payment Default
(1) The purchaser can pay for the goods by invoice or via PayPal.
(2) Certain payment methods may be excluded by the provider in individual cases. In this case, the user has the special option to withdraw from the purchase contract. Payment by sending cash is unfortunately not possible. Liability in case of loss is excluded.
(3) If the purchaser chooses an online payment method, he thereby authorizes the provider to collect the due amounts at the time of ordering.
(4) If the purchaser is in default of payment, the provider reserves the right to assert claims for damages due to default.
§ 5 Delivery
(1) Delivery is made to the delivery address specified by the customer.
(2) If force majeure makes delivery or any other performance permanently impossible, shop.berckwerk.de is exempt from the obligation to perform. Amounts already paid will be refunded promptly by the provider.
(3) Furthermore, the provider may refuse performance insofar as this requires an effort that is grossly disproportionate to the customer's interest in the performance of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded promptly by shop.berckwerk.de.
(4) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each shipping confirmation.
(5) Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before receiving the corresponding shipping confirmation.
§ 6 Customs
(1) If you order products from shop.berckwerk.de for delivery outside the European Union, they may be subject to import duties and taxes which are levied once the package reaches the specified destination. Any fees for customs clearance must be borne by you. We have no control over these charges, which may vary depending on the destination country.
(2) Please note that when ordering from shop.berckwerk.de, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we would like to inform our international customers that cross-border deliveries are subject to opening and inspection by customs authorities.
(3) Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
§ 7 Retention of Title
(1) Until full payment of all claims against the customer arising from the purchase contract, the delivered goods remain the property of shop.berckwerk.de. As long as this retention of title exists, the customer may not resell the goods or dispose of them in any way, in particular, the customer may not grant third parties contractual use of the goods.
§ 8 Right of Withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is one month from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us:
Firma Berckwerk
shop.berckwerk.de
Owner: Andy Berck
Behringstraße 28A / House 2
22765 Hamburg
info@berckwerk.de
by means of a clear statement (e.g., a letter sent by post, telephone call, fax, or email) of your decision to withdraw from this contract. You can use the attached withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or are clearly personalized.
WITHDRAWAL FORM
If you want to withdraw from the contract, please fill out this form and send it back to:
Firma Berckwerk
shop.berckwerk.de
Owner: Andreas Berck
Behringstraße 28A
22765 Hamburg
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
Invoice number: ___________________________________
Item: ___________________________________
Price: ___________________________________
Date:
Goods ordered on: ______________
Goods received on: ______________
Name / Address of Buyer:
Name: __________________________________________
First Name: __________________________________________
Street: __________________________________________
ZIP Code: __________________________________________
City: __________________________________________
Date: _____________________
___________________________
Customer's Signature
(only necessary for written withdrawal)
- End of Withdrawal Instruction -
§ 9 Warranty and Guarantee
(1) The mere presentation of the goods within the online shop is to be regarded as a pure description of services, in no case as a guarantee for the quality of the items.
(2) In accordance with legal regulations, the customer generally has a claim for subsequent performance in the event of defects in the delivered item, if possible.
(3) The purchaser is not entitled to remedy a present defect immediately or have it remedied by third parties (self-performance). Any expenses incurred for this purpose will not be reimbursed to the customer.
(4) If subsequent performance fails, the purchaser may, in principle and in accordance with statutory provisions, reduce the remuneration (reduction), rescind the contract (withdrawal), claim damages, or demand reimbursement of futile expenses, if applicable.
(5) Obvious defects must be reported by you within a period of two weeks from receipt of the goods in writing using the contact details provided above, otherwise the assertion of warranty claims is excluded. Sending the notification of defects in a timely manner is sufficient to meet the deadline.
(6) The purchaser bears the full burden of proof for all claim prerequisites, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the defect notification.
§10 Liability
(1) The product catalog and online shop of shop.berckwerk.de, especially the product descriptions and prices contained therein, are compiled by us with the utmost care. However, liability for any printing errors, changes to the goods, or the continuous availability of all goods cannot be assumed. Price errors reserved.
(2) Berckwerk is liable for intent and gross negligence regardless of the legal basis of liability and for personal injury, and also for claims under §§ 1, 4 of the Product Liability Act. This also applies to vicarious agents and legal representatives of shop.berckwerk.de.
(3) Furthermore, our liability is excluded for slight negligence except for the violation of essential contractual obligations or the violation of life, body, or health. The same applies to the liability of vicarious agents and legal representatives of shop.berckwerk.de.
§ 11 Data Protection Declaration
shop.berckwerk.de/datenschutz
§ 12 Final Provisions
(1) All contracts concluded with shop.berckwerk.de within the meaning of § 1 of the General Terms and Conditions are subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention.
(2) For all current and future claims arising from the business relationship with merchants, including bills of exchange and check claims, Hamburg is the place of jurisdiction.