Terms of service
Terms and Conditions of Delivery and Payment of Heinrich Berkemann Webshop // 9Beaufort GmbH, Zeppelinstr. 73 81669 Munich
International
1. General, Scope
1.1 These Terms and Conditions of Delivery and Payment of Heinrich Berkemann Webshop // 9beaufort GmbH (hereinafter referred to as “Seller”) apply from 01.10.2025.
1.2 All deliveries and services of the Seller are exclusively based on these Terms and Conditions of Delivery and Payment, subject to individual agreements between the contracting parties (§ 305b BGB). They apply only to entrepreneurs within the meaning of § 14 BGB and are part of all contracts that the Seller concludes with its contracting partners – hereinafter referred to as “Buyer” – regarding the deliveries and services offered by it. These Terms and Conditions of Delivery and Payment also apply to future deliveries and services to the Buyer, without the Seller having to refer to them again in each individual case.
1.3 Any conflicting, differing, or supplementary terms and conditions of the Buyer shall not apply, unless the Seller expressly agrees to their validity in writing. This requirement of consent shall also apply if the Seller carries out the delivery unconditionally with knowledge of the Buyer’s conflicting terms and conditions.
2. Conclusion of Contract
2.1 All offers of the Seller are non-binding and without obligation unless they are explicitly marked as binding.
2.2 The order of goods or other placement of orders by the Buyer is considered a binding offer to the Seller.
2.3 Acceptance by the Seller can be declared in writing or in text form (e.g., order confirmation) or by delivering the goods to the Buyer. For goods orders, the order is considered accepted if it is not expressly rejected by the Seller within
• 20 working days for initial orders, and
• 10 working days for subsequent orders.
3. Place of Performance, Delivery
3.1 The place of performance for all services under the delivery contract is Zeulenroda (Germany).
3.2 Delivery of the goods is at the Buyer’s risk from the “warehouse”. Unless otherwise stipulated in the following provisions, delivery is at the Seller’s cost in the most favorable manner for the Seller.
3.3 The Seller determines the packaging at its reasonable discretion. Standard packaging of the Seller is not specially charged. In all other cases, the Buyer bears the packaging costs.
3.4 The Seller is entitled to make partial deliveries, provided this is reasonable for the Buyer.
4. Delivery Times, Delivery and Acceptance Delay
4.1 Unless otherwise agreed, the Seller delivers no earlier than 30 days after acceptance of the Buyer’s order.
4.2 The delivery times stated by the Seller are only approximate unless a fixed date has been explicitly promised or agreed. Fixed transactions are excluded for initial orders.
4.3 If the Seller exceeds an agreed delivery period, the Buyer has the statutory right of withdrawal only after the Seller has been granted an appropriate grace period (at least 30 days) without success. A grace period is not required if and to the extent the Seller seriously and definitively refuses to fulfill the order.
4.4 In all cases, the Seller reserves the right to correct and timely self-delivery. The reservation of self-delivery applies provided that the Seller has concluded a corresponding covering transaction in good time and/or the delayed delivery by the Seller’s supplier is not attributable to the Seller.
If the performance disruption lasts longer than one month under the aforementioned circumstances, the Buyer can withdraw from the contract regarding the unfulfilled part if the delivery delay is no longer reasonable for him.
4.5 The Buyer defaults on acceptance of the goods even without another delivery offer by the Seller if a fixed delivery date has been agreed.
4.6 If the Buyer defaults on acceptance or culpably violates other cooperation duties, the Seller is entitled to demand compensation for the resulting damage, including any additional expenses. Furthermore, the risk of accidental loss or accidental deterioration of the goods passes to the Buyer at the time of default on acceptance.
5. Delivery Interruptions
Force majeure or other unforeseeable, serious disruptions at the time of contract conclusion (e.g., official orders, operational disruptions, strikes, and lawful lockouts, lack of or delayed delivery by suppliers) entitle both the Seller and the Buyer to extend the delivery or acceptance period by the duration of the hindrance. If the performance hindrance lasts longer than three weeks, the contracting parties are entitled to withdraw from the contract.
6. Retention of Title
6.1 The delivered goods remain the property of the Seller until all claims (present and future) from the ongoing business relationship with the Buyer have been fully paid (retention of title). Balance requests and balance confirmations do not affect the retention of title.
6.2 The Buyer is entitled to resell or process the goods under retention of title (reserved goods) in the ordinary course of business. Pledges and security transfers are not permitted without the Seller’s consent. The Buyer is obliged to inform the Seller of any third-party access to the reserved goods (e.g., seizures, damage) immediately.
6.3 In the case of resale of the reserved goods, the Buyer hereby assigns all claims arising from the resale against the purchaser to the Seller as security. The Seller accepts the assignment. The Buyer remains authorized to collect the claim as long as he properly meets his payment obligations to the Seller. The Seller can revoke the collection authorization if the Buyer defaults on payment or his financial situation deteriorates significantly, particularly if the Buyer stops payments or declares his intention to stop payments.
6.4 In case of breach of contract by the Buyer, particularly in case of non-payment of due claims, the Seller is entitled to withdraw from the contract and demand the return of the reserved goods if the legal requirements are met. In case of non-payment of due claims, the reserved goods can only be demanded back if the Seller has unsuccessfully set the Buyer a reasonable period for payment unless such a grace period is dispensable under the legal provisions.
6.5 Furthermore, the Seller is obliged to release the securities to which he is entitled at the Buyer’s request to the extent that the realizable value of his securities exceeds the secured claims by more than 10%; the Seller has the right to choose which securities to release.
7. Warranty / Returns
7.1 The statutory warranty rules apply unless otherwise specified below.
The lack of defects of the goods delivered by the Seller does not require that they meet the objective requirements of § 434 para. 3 BGB unless and to the extent the Buyer and the Seller have agreed on the subjective requirements of the goods.
7.2 In case of defects in delivered goods, the Seller shall, at his discretion, either rectify the defect or deliver a replacement. If the rectification or replacement fails (e.g., due to impossibility, unreasonableness, refusal), the Buyer has the right to withdraw from the contract or reduce the purchase price; the Buyer can only claim damages or reimbursement of futile expenses according to the provisions listed in section 8. Warranty claims generally expire within 12 months from the delivery date: this does not apply to reimbursement claims (§ 445a BGB) and other warranty claims of the Buyer under § 437 BGB in the case of so-called supplier recourse (§ 478 BGB).
7.3 The Buyer must notify the Seller of visible defects in writing or text form (complaint) within 10 working days after receipt of the goods, otherwise, the goods are deemed approved.
Otherwise, the statutory provisions, especially § 377 HGB, apply.
7.4 The complained goods may only be returned with the Seller’s consent and must be free from defects, unless the Seller does not respond to the complaint within 10 working days after receipt. In case of a justified complaint, the Seller reimburses the incurred postage costs.
7.5 For complaints of individual pairs, the simultaneous submission of the goods with the complaint is permissible. Such complaints must be processed by the Seller within 16 working days after receipt; otherwise, the Buyer is entitled to charge the purchase price of the individual pairs.
7.6 If the Buyer has handled a consumer complaint by exchange without consulting the Seller, the Seller will grant a credit note or make a replacement delivery if the complaint is justified and rectifying the defects is only possible with disproportionate effort compared to the value of the goods. The Buyer bears the risk of the Seller rejecting the complaint.
7.7 Returns are only accepted after prior notification (advice) with the original delivery papers attached, and the goods must be in perfect condition. A processing fee of €15.00 net will be charged for unannounced returns.
7.8 For returns outside the warranty and returns within one month after delivery, a processing fee of €10.00 net will be charged; for returns after one month, 20% of the net order value will be charged, and for returns between 6 to 12 months, 40% of the net order value will be charged by the Seller.
7.9 Goods returned under warranty can only be processed or repaired if they are in a hygienically perfect condition (washed, cleaned inside and out).
7.10 Warranty rights expire if the item shows defects due to excessive wear and overload, abusive use, neglect of care, or non-intended use.
8. Limitation of Liability
8.1 The Buyer’s claims for damages, regardless of the legal basis, are excluded unless otherwise specified in these conditions, including the following provisions.
The Seller is liable for damages due to injury to life, body, health, or breach of essential contractual obligations and for other damages based on an intentional or grossly negligent breach of duty by the Seller, his legal representatives, or agents. Essential contractual obligations are duties that the contract imposes on the Seller according to its content for achieving the contract’s purpose, whose fulfillment enables the proper execution of the contract and on whose compliance the Buyer regularly relies.
8.2 In the event of a breach of essential contractual obligations, the Seller is only liable for
the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, body, or health.
8.3 The limitations of section 8.1 and 8.2 also apply in favor of the Seller’s legal representatives and agents if claims are made directly against them. They do not apply if the Seller has fraudulently concealed a defect or assumed a guarantee for the quality of the goods or for claims under the Product Liability Act.
9. Prices and Terms of Payment
9.1 The prices valid at the time of the order apply. Prices are generally plus the statutory VAT.
If a VAT-free delivery under §§ 4 No. 1 lit. b) in conjunction with § 6 a UStG applies, the Buyer is obliged to sign and return a confirmation of receipt to the Seller. The confirmation of receipt must be returned to the Seller within 30 days after delivery by the Seller. If the Buyer does not fulfill this obligation, the VAT will be subsequently charged. The ownership of the delivered goods remains reserved until the confirmation of receipt or until the subsequent VAT payment is received.
9.2 The invoices are issued on the day of dispatch or acceptance of the goods.
9.3 All invoices are due for payment within 30 days from the invoice date. Deferring the due date (valuation) is generally excluded and requires a separate written agreement. Maturity interest is owed according to § 353 HGB.
9.4 A discount of 3% is granted for cash payments (cash or transfer) within 10 calendar days. Otherwise, the purchase price is payable net (without deduction) within 30 calendar days from the invoice date. Otherwise, the statutory provisions on default in payment apply.
9.5 The invoices can be consolidated by the Seller from the 1st to the 10th, from the 11th to the 20th, and from the 21st to the last day of each month to the respective last day of this period.
9.6 The payment day is considered the day on which the payment is received or credited to the Seller.
9.7 If the Buyer is in arrears with an overdue invoice or if his financial situation deteriorates significantly (e.g., imminent insolvency), the Seller is entitled, in all contracts based on the same legal relationship, to execute outstanding deliveries or services only against prepayment or security or to withdraw from these contracts after setting a reasonable period; the statutory provisions on the dispensability of setting a deadline remain unaffected.
9.8 In addition, the Seller is entitled to the statutory claims for default interest and compensation according to §§ 286, 288 BGB in the event of the Buyer’s default in payment.
9.9 The Seller is entitled to send invoices to the Buyer in electronic form (e.g., by email).
10. Offsetting, Retention Right, Assignment Exclusion
10.1 The Buyer is only entitled to offset recognized, undisputed, or legally established counterclaims.
10.2 The Buyer may only exercise a right of retention if the counterclaim originates from the same purchase contract.
10.3 Without the prior written consent of the Seller, the Buyer is not entitled to assign any claims arising from the contract underlying these conditions to third parties.
11. Applicable Law, Jurisdiction
11.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
11.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the contracting parties is Zeulenroda, Germany. The Seller is also entitled to bring an action against the Buyer at his general place of jurisdiction.
12. Final Provisions
12.1 All collateral agreements, supplements to, and amendments of a contract concluded with us, including these General Terms and Conditions, must be in writing.
12.2 Should one (or several) condition(s) of these Terms and Conditions of Delivery and Payment be or become invalid, the legal validity of the other conditions remains unaffected. Instead of the invalid conditions, such conditions are deemed agreed upon that come closest to the economic purpose of the respective invalid provision. An unintended gap is considered filled by a condition that comes closest to the economic purpose of this contract.