General Terms and Conditions

We want you to be satisfied !

What you should know- our general terms and conditions for sales, delivery and payment

Business Relationship: Basis for the initiation of a business relationship is evidence of a business license. Following a change of address, an up-to-date business license is to be sent. Our deliveries, services and offers are provided solely on the basis of these conditions.

Our offers in this catalog are subject to change and non-binding. Of course, we do everything possible to make you satisfied. Special arrangements, changes and amendments are only valid if we confirm them with you in writing.

Our Prices do not include the legally mandated value added tax. Outside of our shipping radius in D-78333 Stockach they are valid excluding all incidental costs, such as shipping and packing.

Our minimum order value is 100.00 € net.
For orders under € 100.00 net, we add a mark up for small volume purchases of € 5.00 to cover the additional cost to us. We do not accept orders under € 50.00.

Shipping costs inside Germany:
Shipping costs within Germany: Flat rate per parcel € 6.90. Orders above € 400.00 net will be shipped free of charge. A surcharge for delivery to islands applies.

Shipping costs abroad:
These are charged per parcel according to weight. If the net invoice amount is € 680.00 or more, we will send one parcel free of charge within Europe.
Outside Europe, freight is generally charged. Shipping is carried out by FedEx. FedEx charges a surcharge for delivery to islands in Europe.

Exception for large statues and large displays:
As shipping of large statues is carried out by a forwarding agent, costs will not be covered by us in any of the above cases, even if the invoice amount exceeds € 400.00 net (within Germany) or € 680.00 net (abroad).

Delivery dates or periods that are agreed to orally require written confirmation in order to be legally binding.
 

Deliver period:
For an express processing fee of 5 €, we will internally expedite your order.
 

Terms of payment in Germany:
The first delivery will be done using direct debit with a 4% discount. Starting with your second order, you can choose from among the following payment options:

1. Invoice with 8 day 2% discount or 30 days net
2. Immediate direct debit authorization with 4% discount or 30 days net
3. Paypal

If a delay in payment makes it necessary for us to send repeated reminders, we reserve the right to send future shipments only with direct debit or pay on delivery. Should we be forced to utilize an encashment bureau, this applies in any event.
 

Terms of payment for foreign orders:
Lamentably, we have had repeated experience over the years with customers abroad in which we had to deal with customers who did not pay orders, incurring very high legal costs or simply had to forfeit our money. In order to prevent this situation from repeating, we ask for your understanding and inform you that we can only ship abroad under condition of direct debit with 4% discount.
 

Reservation of property rights:
Our wares remain our property until they are completely paid for. In the event that the customer violates the terms of the contract- and especially in the event of defaulted payment- we have the right to re-possess our wares at the customer’s expense or, if need be, to demand the transfer of the client’s return claims against third parties. In such a case of repossession, the contract is not repudiated.
Warranty & defects:
If the delivered good is defective, lacks the promised qualities, or becomes damaged due to faults in manufacture or material within the warranty period, we will of course provide a replacement. In that case we reserve the right to reclaim the goods.
 

Warranty period:
The legally mandated warranty provisions apply.
 

Returns: Obvious defects in the product, as well as the desire to return intact goods, have to be communicated to us without delay, at the very latest within two weeks of delivery.
Defective shipments are to be sent to us or readied for pick-up in the condition in which they were at the time of defect, after making arrangements with us. If a return is justified, we will provide replacement for the goods and refund of the shipping costs or a issue a credit on your account. If you return intact goods, we will issue a credit on account after making arrangements. In this case, the return shipping will be at your cost. Depending on the effort required, we will impose a re-stocking fee of up to 15%. We only accept returns of intact, sound goods from the current catalog.
 

Damage claims are excluded.
 

Please understand that we cannot accept freight collection (unpaid) returns. Returns must be sent to our delivery address:
 

Berk GmbH & Co. KG
Gießereistr. 13-15
78333 Stockach
 

Reservation for unavailability:
We always try to arrange prompt delivery of our products. Should an article no longer be available, we will inform you. There is no claim of right to delivery or recourse.
 

Export clients:
German law applies to all contractual relationships with foreign clients.
The court of legal jurisdiction is the district court of Stockach or the provincial court of Constance.
 

If any of the above-enumerated provisions is not legally enforceable, the legal enforceability of the other provisions remains unaffected. The unenforceable provision will be replaced by a legal provision that most closely approximates the legal and financial relationship entailed in the voided provision.

Stockach in March 2018