Terms of service
Terms and Conditions
1. Scope of Application2. Conclusion of Contract
3. Prices and Payment Conditions
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Reservation of Title
7. Warranty for Defects
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Jurisdiction
11. Information on Online Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "BERNDES Küche GmbH" (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller for the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless agreed otherwise.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that cannot be primarily attributed to their commercial or self-employed professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The presentation of goods, especially in the online shop, does not constitute a binding offer by the Seller.
2.2 Initially, the Customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data is displayed.
Only after confirming this order and contract data by clicking the final order button, the Customer submits a binding offer to purchase the goods in the shopping cart.
2.3 The Seller accepts the Customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment from the Customer after the order has been placed
or
- Delivery of the ordered goods
The decisive factor for the timing of acceptance is the first of these alternatives to occur.
The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends on the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound to their declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer is stored by the Seller. The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions on this page at any time. The order data, the cancellation policy, and the GTC are sent to the Customer by email. After completing the order, the contract text is accessible to the Customer free of charge via their customer login, provided they have opened a customer account.
2.5 All entries made can be viewed by the Customer before clicking the order button and can be corrected by the Customer before submitting the order using the browser's back button or the usual mouse and keyboard functions. In addition, if available, correction buttons labeled accordingly are available to the Customer.
2.6 The contract language is German.
2.7 It is the Customer's responsibility to provide a correct email address for contact and order processing and to set the filter functions in such a way that emails related to this order can be delivered.
3. Prices and Payment Conditions
3.1 The prices displayed are final prices, including statutory value-added tax, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2 The Customer can choose the payment methods available in the online shop.
3.3 In the case of payment by bank transfer in advance, payment is due immediately after the conclusion of the contract, unless otherwise agreed.
3.4 When paying via "PayPal," payment processing is carried out through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 When paying via "PayPal Direct Debit," the debit of the claim is carried out by PayPal after the Customer has granted a SEPA direct debit mandate and after the deadline for pre-notification on behalf of the Seller from the Customer's bank account has expired. Pre-notification is the Seller's announcement to the Customer that their account will be debited by SEPA direct debit and can be done, for example, in the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient funds or due to incorrect bank account information provided by the Customer, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the chargeback by the respective credit institution if the Customer is responsible for this. All other contractual relationships as well as rights and obligations towards the Seller and the Seller remain unaffected by payment by direct debit.
3.6 When paying on account via "PayPal Invoice," payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receiving the invoice, unless another payment target is specified.
Payment on account requires a successful credit check by PayPal.
If the Customer is granted payment on account after the credit check, the Seller assigns its claim to PayPal, so payment can only be made to PayPal with a debt-discharging effect.
All other contractual relationships as well as rights and obligations towards the Seller and the Seller remain unaffected by this payment method.
In all other respects, the general terms and conditions for the use of invoice purchase by PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Delivery and Shipping Conditions
4.1 The delivery of goods by mail is made to the delivery address provided by the Customer. In deviation from this, in the case of payment via PayPal, the delivery address provided by the Customer at the time of payment to PayPal is decisive.
4.2 If the Customer provides an incorrect delivery address or recipient or other circumstances arise that lead to the impossibility of delivery and result in additional costs for the Seller, these costs shall be borne by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the performance, unless the Seller had reasonably announced the performance to the Customer in advance. The costs of sending the goods are excluded from this regulation if the Customer has effectively exercised their right of withdrawal. In this case, the statutory or Seller's regulations shall apply.
4.3 Self-collection is not offered.
4.4 Vouchers are provided to the Customer in the following forms:
via email
via download
by postal mail
5. Right of Withdrawal
5.1 If the Customer is a consumer, they generally have a right of withdrawal.
5.2 The Seller's cancellation policy applies to the right of withdrawal.
5.3 Consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union are not entitled to a right of withdrawal.
6. Reservation of Title
If the Seller makes an advance payment, the goods remain the property of the Seller until the purchase price has been paid in full.
7. Warranty for Defects
7.1 Regarding warranty, the statutory regulations for defects apply, unless otherwise agreed in these GTC.
7.2 The Customer is requested to report goods delivered with obvious transport damage to the carrier and to inform the Seller of this. Failure to do so will not affect the Customer's statutory or contractual warranty claims.
8. Redemption of Promotional Vouchers
8.1 Vouchers that the Seller provides free of charge within the scope of (promotional) campaigns with a specific validity period and that the Customer cannot purchase ("Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
8.2 Promotional Vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign. The specific restrictions can be found in the Promotional Voucher.
8.4 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.5 Within one order, multiple Promotional Vouchers must NEVER be redeemed. We reserve the right to cancel orders that have allowed the redemption of multiple vouchers due to a technical error.
8.6 The total value of the respective order must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be reimbursed by the Seller.
8.7 If the value of a Promotional Voucher is not sufficient to cover the cost of the respective order, one of the other payment methods offered can be used to settle the remaining amount.
8.8 The credit from a Promotional Voucher will not be paid out or earn interest.
8.9 The Promotional Voucher will also not be reimbursed if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.10 The Promotional Voucher is personal and can only be redeemed by the person named on it. Transfer of the voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material entitlement of the respective voucher holder.
9. Applicable Law
9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
The statutory provisions on the restriction of choice of law and on the applicability of mandatory regulations, in particular of the state in which the Customer has their habitual residence as a consumer, remain unaffected.
9.2 This choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.
10. Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller.
If the Customer has their registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims from this contract can be attributed to the Customer's professional or commercial activity.
However, the Seller is also entitled to bring an action at the Customer's place of business in the aforementioned cases.
11. Information on Online Dispute Resolution
The platform for online dispute resolution by the European Commission can be accessed on the internet at the following link: https://ec.europa.eu/odr
We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.