(1). These Terms and Conditions apply to online or offline orders via BERNER Consulting Group,
owner Marc Berner, only. In each case the version of Terms and Conditions valid at the ordering
time is applicable. We do not recognise contradictory or alternative conditions used by the party
placing the order unless we have expressly agreed to them in writing. Performance of the work or
services is not to be considered as an acceptance.
(2). These Terms and Conditions apply to business transactions between entrepreneurs as
defined in §14, 310 (1) BGB (German Civil Code).
(1). Beside the availability of direct ordering you can create an user account and register as a
client of our electronic trading system. Entitled to register are entrepreneurs only (cf. Section 1
At registration, the business enterprice is obliged to indicate the data required completely and
accurately. Supplementary personal data or changes is the self-responsibility of registered users.
(2). Users are obligated to treat the user name and the password chosen as confidential, to
protect them against access by unauthorized persons.
(3). By registering you are consenting to receive our Newsletters.
§3. Formation of Contract
(1). We sell our products and services to entrepreneurs as defined in §14, 310 (1) BGB (German
Civil Code) only.
(2). Our offers are always subject to change without notice. We cannot provide any guarantee
that the goods offered by us for purchase can actually be supplied and at the prices quoted.
(3). Orders have to be placed online after registration on our homepage. We also accept email
orders from the existing registered clients. If the online ordering possibility is activated, you make
a binding contractual offer by cliking on the button „Send the order“ at the end of order
transaction. A sale agreement will be concluded only upon BERNER Consulting Group accepting
your offer by written (email confirmation of receipt and acceptance).
(4). In principle, we are not obligated to accept returns or to cancel placed orders.
§4. Pricing, Shipping, Payment, Set-Off and Assignment
(1). The prices valid on the day the order is placed apply to the order. There is no legal claim to
receive any order to later or earlier valid revised prices. If we assist in this, we do so voluntarily
and without any liability. We reserve the right to charge the price valid at the time of delivery.
**(2).**We do not offer any deduction of discounts.
(3). All prices shown on our homepage are not including any shipping costs, custom charges or
taxes. The shipping costs shall be born by the customer and will be charged depending on real or
volume weight and the way of shipping. Our customers are welcome to select the shipping
methods. We cooperate closely with parcel shipping and carrier companies. The shipping method
affects delivery time. Customer also can collect the goods from our stock. Please be advised, it is
your responsibility to understand the import control law and customs regulations of the country
(4). We accept the following payment methods: cash payment, bank transfer and SEPA B2B
We will send you the invoice to your email once the order has been confirmed and is ready for
shipment or to collect. BERNER Consulting Group must receive payment for complete order prior
to delivery. We reserve the right to ask any newly registered user to provide advance payment up
to 40% of the order amount. Existing registered clients may request an extension of the deadline
for the payment. We are not obliged to grant it and do it voluntary.
(5). The party ordering cannot meet his payment obligations through the set-off of claims towards
us unless these claims have been undisputed and legally established and recognized by us. We
are authorized to exercise a right of retention insofar as the claim is based on the same contract
§5. Liability, Delivery terms and delay, Default of Acceptance
(1). We fulfil our contractual obligations resulting from the order by placing the goods at disposal
for shipment ex stock Hamburg. The risk of accidental loss and/or of deterioration of the delivery
item shall pass to the customer in the case of self-collection at the moment of handover of the
goods, in the case of shipping at the moment of handover of the goods to the forwarding agent,
the carrier, or any other person charged with the execution of the shipment. We do like to point
out the possibility to take out an transport insurance for the deliveries additionally.
(2). We are entitled to partial deliveries if this may be considered reasonable for the customer.
(3). Our contractual obligation is restricted to available stock of goods with similar type and name
until the handover of goods to shipping company. There is no additional procurement obligation,
in particular no further obligation to re-order the goods by supplier.
(4). If the customer is in default of acceptance or the shipment is delayed as a result of
circumstances within the control of the customer, we are entitled to demand full payment.
(5). Usually, the goods are ready for shippment within the period indicated on our homepage.
This time limit may be extended in the case of delay caused by the manufacturer which is not
able to supply the ordered goods in the timely manner. BERNER Consulting Group reserves the
right to cancel the goods affected from the order or to deliver them as soon as the cause is taken
away. BERNER Consulting Group shall not be liable for any loss which may arrise from missed,
suspended, or delayed delivery.
§6 Conditional sale
We reserve the right on the ordered goods until all payments resulting from the contractual agreement are completed. We reserve the ownership of the goods until complete payment. You are entitled to sell the goods delivered in the proper course of business.
§7 Damages in transit, Warranty, Condition of goods
(1). We are neither liable for nor responsible for damages in transit. Shipping damage is immediately communicated to the forwarding agent upon receipt of the goods.
(2). The customer is kindly asked please to ensure that the contents of the goods are as ordered immediately upon receipt of the delivery. If the customer received defective goods delivered, he is entitled within the scope of legal provisions to demand that the defect be remedied, to withdraw from the contract or to reduce the price. In addition, the customer is entitled to claim for damages. The claim is limited in accordance to the Section 8 of these Terms and Conditions.
**(3).**The goods from special orders can not be returned.
**(4).**In case of distance selling contracts according to the § 312b BGB (German Civil Code) the customer is entitled to return the goods as per §§312d, 356 BGB (German Civil Code). The revocation applies pursuant to §312d BGB are exluded.
The customer is responsible for the return shipment. Demand for return has to be done in writing. All returns must be in the original packaging, undamaged and unmounted.
(5). We do not furnish any guarantee for the condition of goods as defined in § 443 BGB (German Civil Code).
§8. Final clause, Applicable right, Jurisdiction, Safeguard clause
(1). Modifications and additions to these Terms and Conditions must be made in writing. The same applies also for cancellation of written form requirements issues.
(2). Is the customer is a trader, a legal entity under public law or a special fund under public law, so is exclusive jurisdiction and place of fulfilment for all claims our place of business in Oststeinbek.
For all other customers is the exclusive jurisdiction and place of fulfilment for all claims in Oststeinbek too.
(3). If individual terms of this contract are invalid or conflict with legal provisions, the rest of the contract remains unaffected.