general terms and condititions
General terms and conditions (AGB) for end consumers
BERMBACH Handcrafted, Zeil 1, 60313 Frankfurt/Main, Germany
1.1 The following General Terms and Conditions shall apply to all business relations between us, BermbachHandcrafted and you in the version current at the time of your order.
1.2 Deviating terms and conditions shall not apply unless we have expressly agreed to them in advance.
1.3 via our onlineshop at www.bermbach-handcrafted.com orders are only possible in customary quantities and from private end consumers who have a delivery address within the EU or the EEA or in Switzerland.
2.1 The product presentations contained in the onlineshop do not constitute legally binding offers to conclude a sales contract. Only by your order in the onlineshop (by placing the goods in the shopping cart, entering the necessary data and confirming the order button) do you submit a legally binding contract offer in relation to the goods contained in the shopping cart.
2.2 As an alternative to ordering via our onlineshop, you can also order by telephone, e-mail or post.
2.3 In the case of orders placed via our onlineshop, we will send you a confirmation of receipt immediately upon receipt of your order, but this does not constitute acceptance of the contract. The contract is only concluded by our order confirmation by e-mail or letter or by delivery of the ordered goods.
3. right of revocation3.1 You have the right to revoke the contract without giving reasons in accordance with the following revocation instructions. Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts: Contracts for the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer, contracts for the supply of goods which are liable to deteriorate rapidly or the expiry date of which would expire rapidly, contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their sealing has been removed after delivery, contracts for the supply of goods, if, after delivery, these have been inseparably mixed with other goods due to their nature, contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which cannot be supplied before 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the Contractor has no control, contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery, contracts for the supply of newspapers, magazines or periodicals with the exception of subscription contracts.
3.2 Please inform us before you return goods to us and use the original packaging for the return if possible.
cancellation policy
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
To exercise your right of withdrawal, you must contact us,
BERMBACH Handcrafted, Alexander Bermbach, Zeil 1, 60313 Frankfurt am Main,
Phone: +49(0)69 86098892, e-mail: by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. For goods which, due to their nature, cannot be returned normally by post, the costs are estimated at a maximum of EUR 59.00 for a return from Germany and EUR 119.00 for a return from a country outside Germany.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- An:
BERMBACH HANDCRAFTED,
Alexander Bermbach, Zeil 1, 60313 Frankfurt am Main,
E-mail:
- Herewith I/we(*) cancel the contract concluded by me/us(*) for the purchase of the following goods(*)/ the provision of the following service(*)
- Ordered on(*)/ received on(*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s)
(only for paper messages)
- date
(*) Delete as appropriate.
4.1 The prices quoted in our onlineshop in Euro (€) plus shipping costs shall apply. You can find a list of the shipping costs in our onlineshop at [www.Bermbach-handcrafted.com]. All prices include the applicable statutory value added tax.
4.2 The following payment options are available to you when placing an order via our onlineshop: Credit card (American Express, Mastercard, Visa), Paypalor prepayment by bank transfer (payment in advance). The payment is due immediately after your order. For the purpose of payment processing, you will be forwarded to the corresponding external websites of the payment processor. .
5.1 Delivery periods are indicated on our order pages in the respective product description. The maximum delivery period is nine weeks. Unless otherwise agreed, delivery periods shall commence on the day we receive the order.
5.2 The delivery takes place depending upon kind and extent of the goods with parcel service or by forwarding business. In the case of goods delivered by a forwarding agent, the delivery shall be "free curbside", unless otherwise agreed.
5.3 If the parcel service or the forwarding agent sends the dispatched goods back to us, since a delivery was not possible with you, you carry the costs for the unsuccessful dispatch. This shall not apply if you have effectively exercised your right of revocation, if you are not responsible for the circumstance which led to the impossibility of delivery, or if you were temporarily prevented from accepting the service offered, unless we had given you prior notice of delivery for a reasonable period.
5.4 We are entitled to make partial deliveries if it is not possible for us to make a total delivery of several goods in an individual case, if the partial delivery is reasonable for you and does not incur any further costs for you. You can exercise a right to refuse performance to which you are entitled until the complete delivery has been completed. You have the right to withdraw from the contract if the entire delivery is not made on time and you are no longer interested in the partial performance.
5.5 Delivery periods shall be reasonably extended in the event of force majeure, industrial disputes, non-delivery, incorrect or delayed delivery by a sub-supplier, for whatever reason (reservation of self-supply), and in the event of unforeseen hindrances beyond our control, insofar as such hindrances demonstrably affect the completion or delivery of the goods ordered. This shall also apply if the circumstances occur at a sub-supplier. We shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. You will be informed of the duration of the obstacle as soon as possible. If you cannot reasonably be expected to accept the delivery as a result of the delay, you have the right to withdraw from the contract by immediate declaration. If the hindrance is permanent and makes delivery impossible or unreasonable for us, we shall be entitled to withdraw from the contract in whole or in part.
5.6 A self-collection of ordered goods is possible after express agreement with us in Frankfurt am Main.
5.7 Until full payment of the purchase price owed, we reserve title to the delivered goods.
6.1 We shall be liable in accordance with the statutory warranty provisions for the faultlessness of the goods.
6.2 As our beds are made exclusively by hand from natural products, slight deviations may occur between the beds shown in the onlineshop and in printed products and the beds supplied, especially with regard to the colouring and grain of the natural wood used. The shape may also differ slightly from the samples shown in the onlineshop or in printed products.
7.1 We shall be liable without limitation for damages resulting from intent or gross negligence.
7.2 We shall also be liable if we culpably breach a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (material contractual obligation); in the event of a negligent breach of a material contractual obligation, liability for damages shall be limited to the foreseeable, typically occurring damage.
7.3 The aforementioned limitations of liability shall not apply to liability under the Product Liability Act, for personal injury or in the event of an agreed quality of goods or fraudulent concealment of defects.
7.4 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
8.1 We collect, store and use the personal data you provide when placing an order for the processing and execution of your order. Your name and address data will be passed on to the parcel delivery service or forwarding agent commissioned by us with the delivery of your goods for the purpose of the delivery of the ordered goods. We do not transfer your data to other third parties.
8.2 According to the Federal Data Protection Act, you have the right to free information about your stored data and the right to correct, block or delete your data. Please contact us in these matters.
8.3 Further information on data protection can be found in our data protection declaration on our website.
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. This choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
9.2 The EU Commission has created an Internet platform for onlinesettling disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from onlinesales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
9.3 We are neither willing nor obliged to participate in an alternative dispute resolution procedure before a consumer arbitration body.
9.4 Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
Status: January 2018