Terms and Conditions

I. Your Contractual Partner

The contract is formed between BerryBase GmbH, Bei den Mühren 70, 20457 Hamburg, Tel.: +49-40-853999-0, registered in the Commercial Register of the Hamburg District Court under HRB 188736, represented by Sebastian Berger, VAT identification number: DE 421913921 (hereinafter referred to as "we" or "us") and our customers.

II. Scope of Application

1. The following terms and conditions apply exclusively to all orders for goods (hereinafter referred to as "orders") placed via our online shop by consumers and entrepreneurs (hereinafter referred to as "customers," meaning both consumers and entrepreneurs), in their version valid at the time of the order.

2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activities. An entrepreneur is a natural or legal person or a legally responsible partnership that acts in the exercise of their commercial or self-employed professional activities when entering into a legal transaction. For entrepreneurs, these terms and conditions also apply to future business relationships without the need for us to refer to them again.

3. If the customer uses terms and conditions that contradict or supplement ours, their validity is hereby rejected; they will only become part of the contract if we have explicitly agreed to them in writing. The following conditions first apply to service agreements and then to orders for goods.

III. Terms for Orders via Our Online Shop

1. Product Availability, Delivery Time, Conclusion of Contract

(1) Product Availability

If the selected product is unavailable at the time of the customer's order, we will notify the customer immediately after the confirmation of receipt. If the product is permanently unavailable, we will refrain from issuing an acceptance declaration. In this case, no contract is concluded.

(2) Delivery Time

The delivery times we specify are calculated from the time of our order confirmation, provided prior payment of the purchase price has been made (except in the case of purchase on account). Unless otherwise specified in our online shop for the respective product, the delivery time is 3-5 working days (Monday - Friday). Binding delivery dates and deadlines must be expressly agreed upon in writing. In the case of non-binding or approximate (e.g., about, circa) delivery dates and deadlines, we will make every effort to meet them. The fulfillment of our delivery obligations requires the timely and proper fulfillment of the customer's contractual obligations.

(3) Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the order process. By clicking the "Accept Terms and Conditions" and "Submit Binding Order" buttons, you submit a binding order for the goods in the shopping cart. The confirmation of receipt of your order is sent immediately after the order is placed via email. This confirmation of receipt only documents that we have received your order and does not constitute an acceptance of the application. The time at which the contract with us is concluded depends on the payment method you choose:

Cash on Delivery, Invoice

We accept your order by sending an acceptance declaration in a separate email or by delivering the goods within two days.

Prepayment

We accept your order by sending an acceptance declaration in a separate email within two days, in which we provide our bank details. The payment period is 14 days.

Credit Card

By placing the order, you provide us with your credit card details at the same time. After your authorization as the legitimate cardholder, we request the payment transaction to be initiated by the service provider Mollie B.V. and thus accept your offer.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal, where you can enter your payment information and confirm the payment order to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thus accept your offer.

Giropay

Giropay/paydirekt is linked to your checking account. Payments are directly debited from this account, and the refund value for returned goods is credited to it. After placing the order in the shop, we request Giropay/paydirekt to initiate the payment transaction and thus accept your offer.

Amazon Pay

When paying with Amazon Pay, you can use the delivery address and payment details already stored in your Amazon account to complete your order. If you select Amazon Pay as the payment method instead of clicking "Proceed to Checkout," the address details for your order will be saved in your Amazon account. Please check if the address information in your Amazon account is complete and up to date. After placing the order in the shop, we request Amazon Pay to initiate the payment transaction and thus accept your offer.

Apple Pay

If you pay with Apple Pay, you must be registered with the service provider Apple and have Apple Pay activated. By legitimizing your login details, you confirm your payment order. The payment transaction is carried out immediately after placing the order. After placing the order in the shop, we request Apple Pay to initiate the payment transaction and thus accept your offer.

Google Pay

If you pay with Google Pay, you must be registered with the service provider Google and have Google Pay activated. By legitimizing your login details, you confirm your payment order. The payment transaction is carried out immediately after placing the order. After placing the order in the shop, we request Google Pay to initiate the payment transaction and thus accept your offer.

Klarna PayNow Direct Debit

After a successful address and credit check during the ordering process, you provide Klarna with a SEPA direct debit mandate when submitting the order. Klarna will inform you about the date of the debit. By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction automatically debits your account. For payment processing via Klarna, the terms and conditions and the privacy policy of Klarna apply in addition to our terms and conditions. After placing the order in the shop, we request Klarna to initiate the payment transaction and thus accept your offer.

Klarna PayLater/Invoice

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the option of purchasing on invoice. Please note that Klarna Invoice is only available to consumers, and the payment must be made to Klarna. When purchasing on invoice with Klarna, you always receive the goods first, and you always have a payment period of 14 days (unless Klarna offers promotions/discounts for a longer payment period). The complete terms and conditions for Klarna Invoice can be found here:

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0

After placing the order in the shop, we request Klarna to initiate the payment transaction and thus accept your offer.

Klarna Sofort

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment order to us. Further instructions will be provided during the order process. The payment transaction is carried out immediately afterward by Sofort, and your account is debited. After placing the order in the shop, we request Klarna to initiate the payment transaction and thus accept your offer.

Amazon Pay

If you pay with Amazon Pay, you can use the delivery address and payment details stored in your Amazon account to complete your order. After placing the order in the shop, we request Amazon Pay to initiate the payment transaction and thus accept your offer.

2. Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German, English, French, Italian, and Spanish.

We store the contract text and send you the order data, our terms and conditions, and the cancellation policy by email until delivery. The contract text is no longer accessible via the internet for security reasons.

3. Prices and Shipping Costs

All prices listed on our website include the applicable statutory VAT.

In addition to the product prices, shipping costs may apply. You can find more details about the shipping costs in the respective offers. The relevant shipping costs will be displayed to the customer in the offer and must be borne by the customer, unless the customer is a consumer and exercises their right of withdrawal. In case of a withdrawal, the customer must bear the direct costs of returning the goods.

4. Payment

(1) Prepayment

If you choose the prepayment option, we will send you our bank details in a separate email, and the goods will be shipped upon receipt of payment.

(2) Cash on Delivery

Pay upon receiving the order. Your order will be shipped immediately (subject to availability), and you pay the cash-on-delivery amount directly to the delivery person. In addition to the shipping costs, we charge a cash-on-delivery fee of €6.00 (Germany). Once your order is completed, it will be processed and shipped automatically. Unfortunately, cancellations, the addition or removal of items from your order, are no longer possible at this point. However, you can always place a new order or return the purchased items.

(3) Credit Card

By placing the order, you simultaneously transmit your credit card details to the service provider Mollie. After your authentication as the legitimate cardholder, Mollie immediately requests your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company, and your card is charged.

(4) PayPal

During the order process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, log in with your access data, and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out immediately after by PayPal. Further information is available during the ordering process.

(5) Invoice

Customers can purchase on account through the payment service provider Klarna. The complete terms and conditions of Klarna can be found here:

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0

We generally offer purchase on account for schools, universities, and public institutions. You pay the invoice amount by bank transfer after receiving the goods and the invoice. We reserve the right to offer purchase on account only after a successful credit check. We only accept bills of exchange by special agreement and only as fulfillment. We charge discount charges from the due date of the invoice until the maturity of the bill, as well as bill costs. Interest and costs for discounting or collecting bills must be borne by the customer. In the case of bills and checks, the day of redemption is considered the payment date. If our bank refuses to discount the bill or if there are reasonable doubts about whether a discount will be possible during the bill's term, we are entitled to demand immediate cash payment, withdrawing the bill.

(6) Giropay

Giropay/paydirekt is linked to your checking account. Payments are debited directly from this account, and the refund value for returned goods is credited to it.

(7) Amazon Pay

When paying with Amazon Pay, you can use the delivery address and payment details stored in your Amazon account to complete your order. After placing the order in the shop, we request Amazon Pay to initiate the payment transaction and thus accept your offer.

(8) Apple Pay

(9) Google Pay

(10) Klarna PayNow Direct Debit

(11) Klarna PayLater/Invoice

https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0

After placing the order in the shop, we request Klarna to initiate the payment transaction and thus accept your offer.

(12) Klarna Sofort

(13) Redeeming Gift Vouchers

Vouchers purchased from the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

Gift vouchers and any remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

Gift vouchers can only be redeemed before the completion of the order process. A subsequent offset is not possible.

Only one gift voucher can be redeemed per order.

Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller can be used to settle the difference.

The balance of a gift voucher is neither paid out in cash nor bears interest.

The gift voucher is intended only for use by the person named on it. The transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

5. Changing the Payment Method

The customer can change the payment method stored in their user account at any time.

6. Due Date

The purchase price is due immediately upon the conclusion of the contract. If the due date for payment is determined by the calendar, the customer will be in default by missing the deadline. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by us.

7. Retention of Title

The goods remain our property until full payment is made.

For entrepreneurs, the following applies: We retain ownership of the goods until all claims from an ongoing business relationship have been settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are transferred to us in advance in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims if you do not meet your payment obligations.

8. Transport Damage

(1) For consumers:

If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us assert our own claims against the carrier or the transport insurance company.

(2) For entrepreneurs:

The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the carrier, freight forwarder, or any other person or institution responsible for carrying out the shipment. Among merchants, the duty to inspect and notify defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to notify us as specified therein, the goods shall be deemed approved, unless it is a defect that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is two years from the delivery of the goods. If a different condition (defect in a used item of sale) is explicitly stated and actively accepted by the customer, the limitation period for defect claims is reduced to one year from the delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the recourse claim according to § 478 BGB remain unaffected.

For entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are considered agreements on the condition of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a remedy for entrepreneurs at our discretion by rectifying the defect (repair) or delivering a defect-free item (replacement).

10. Exceptions to the Limitation of Liability in Section III, 9.

(1) The limitations and shortened deadlines specified in Section III, 9 do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents:

- in the event of injury to life, body, or health;

- in the case of intentional or grossly negligent breach of duty as well as fraud;

- in the event of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies (cardinal obligations);

- as far as a guarantee promise has been agreed;

- as far as the scope of the Product Liability Act has been opened.

(2) Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

IV. Provisions for Orders of Goods

1. Limitation of Liability for Goods Orders

Unless a more specific regulation from Section III of these terms applies, we are always liable for claims based on damages caused by us, our legal representatives, or vicarious agents in the event of injury to life, body, or health, in the case of intentional or grossly negligent breach of duty, in the event of guarantee promises, as far as agreed, or as far as the scope of the Product Liability Act has been opened. In the case of the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, the liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion. Otherwise, claims for damages are excluded.

2. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

3. Force Majeure

If we, for reasons not attributable to us, do not receive the delivery or service owed under the contractual relationship or if we receive it incorrectly or late from our suppliers despite proper and sufficient supply agreements made before the conclusion of the contract with the customer (congruent covering transaction) or if force majeure occurs, we will notify the customer in writing or text form in a timely manner. In this case, we are entitled to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract wholly or partially for the unfulfilled part. Force majeure includes strikes, lockouts, government interventions, shortages of energy or raw materials, transport bottlenecks or obstacles not attributable to us, operational disruptions not attributable to us (e.g., due to fire, water, or machine damage), and all other hindrances which, from an objective point of view, have not been caused by us. If a delivery date or deadline has been bindingly agreed and is exceeded due to events that are equivalent to force majeure, the customer is entitled to withdraw from the unfulfilled part of the contract after a reasonable grace period has expired. Further claims of the customer, especially for damages, are excluded in this case. The same applies if a fixed delivery date has not been agreed, but the customer can no longer reasonably be expected to continue to adhere to the contract due to the occurrence of a force majeure event.

4. Right of Set-off

The customer's right of retention or set-off, which we grant only to the benefit of entrepreneurs, only exists with respect to counterclaims that are undisputed or legally established.

5. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies to contracts between us and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, 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 the customer and us is the court responsible for our place of business. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions, especially those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.

6. Written Form

All agreements, side agreements, assurances, and contract amendments must be in writing. This also applies to the waiver of the requirement for written form itself. The priority of individual agreements, whether in written, textual, or oral form (§ 305b BGB), remains unaffected.

7. Severability Clause

If any provision of this contract is invalid, void, or unenforceable in whole or in part under the provisions of the law governing general terms and conditions (Sections 305 to 310 BGB), the statutory provisions apply. If any present or future provision of the contract is invalid, void, or unenforceable for reasons other than the provisions concerning general terms and conditions under Sections 305 to 310 BGB, this shall not affect the validity of the remaining provisions of this contract unless the performance of the contract - even in consideration of the following provisions - would result in an unreasonable hardship for one party. The same applies if the contract contains an unintentional gap.

Contrary to any principle that a severability clause should only reverse the burden of proof, the validity of the remaining contractual provisions is to be maintained under all circumstances, and § 139 BGB is therefore waived in its entirety.

The parties will replace any invalid, void, or unenforceable provision for reasons other than the provisions concerning general terms and conditions under Sections 305 to 310 BGB or any gap requiring supplementation with a valid provision that reflects as closely as possible the legal and economic content of the invalid, void, or unenforceable provision and the overall purpose of the contract. § 139 BGB (Partial Invalidity) is expressly excluded. If the invalidity of a provision is based on a specific measure of performance or time (deadline or date), the provision will be agreed with the closest legally permissible measure.

8. Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must notify us:

BerryBase GmbH
Am Studio 20d
12489 Berlin

Tel: +49/(0)30/6293867-10
Fax: +49/(0)30/6293867-99
Email: [email protected]

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, 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 costs of delivery (except for the supplementary costs resulting from your choice of a delivery method other than the least expensive 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 earlier.

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.

2. Model Withdrawal Form

Download the withdrawal form as a PDF file