Conditions
Terms and Conditions – General terms and conditions for the purchase of goods in the ONLINE SHOP (excluding workshops and custom-made products)
scope
The customer or purchaser enters into a business relationship with COLORBERRY GmbH (Managing Director Stephanie Walberer). The name COLORBERRY subsequently stands for COLORBERRY GmbH, Wolfersberg 1, 85667 Oberpframmern.
These General Terms and Conditions (GTC) apply to all legal relationships between COLORBERRY and the customer (“customer” or “purchaser”), who can be either a consumer within the meaning of Section 13 of the German Civil Code (“consumer”) or an entrepreneur within the meaning of Section 14 of the German Civil Code (“entrepreneur”) and must in any case be of legal age.
The customer acknowledges the validity of these General Terms and Conditions during the ordering process by clicking on the field "I accept your General Terms and Conditions" and submitting the completed order form. Any terms and conditions of the customer do not apply unless COLORBERRY has agreed to their validity in writing.
Conclusion of contract
The following regulations regarding the conclusion of the contract apply to orders via my online shop https://colorberry.de.
In case of conclusion of the contract, the contract is concluded with
COLORBERRY GmbH
Managing Director Stephanie Walberer
Wolfsberg 1
85667 Oberpframmern
conditions.
The presentation of the goods in my online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
Acceptance of the offer is made in writing or in text form or by sending the ordered goods within one week. Individual custom-made items (“custom-made items”) require a processing time of up to 2 weeks. If the deadline expires without result, the offer is deemed to have been rejected.
When an order is received in our online shop, the following rules apply: The consumer makes a binding contractual offer by successfully completing the ordering process provided in our online shop.
The order of a work of art or a product (such as cheese boards, trays, tables, etc.) by the customer represents a binding offer. By filling out and submitting the order form provided on our website, a binding offer is made. A purchase contract between the customer and COLORBERRY is only concluded with a written delivery confirmation or the delivery of the ordered product to the customer. An offer from the customer can be rejected by COLORBERRY without giving reasons. The prices stated on the website are in euros and include VAT, but not shipping costs.
Right of withdrawal
You have the right to cancel the contract for the ordered goods within 14 days of the order confirmation without giving any reason. However, this does not apply to individually made orders such as works of art, cheese boards, trays (marked as "custom-made" in the online shop). These cannot be exchanged or cancelled as they are individually made, unique pieces or art.
This also does not apply to e-courses (online training).
To exercise your right of withdrawal, you must inform us (COLORBERRY GmbH, Stephanie Walberer, Wolfersberg 1, 85667 Oberpframmern, help@colorberry.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You may use the attached sample cancellation form (see below), although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
Grounds for exclusion or expiration
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is on paper)
Date
(*) Delete as appropriate.
Return
The goods must be returned to COLORBERRY by an insured parcel service at your expense. We are not responsible for damage or lost packages; the responsibility lies with the sender.
Please note that it can take 10 to 14 working days between receipt of your return and the refund of the purchase price. After we have received your return, we will inform you by email about the credit to be made. The time it takes for the payment to be refunded depends on the respective payment method.
If the recipient of the items specified in the order does not match the buyer of the goods, the amount debited will always be refunded to the buyer and card or account holder.
For all returns purchased with a voucher, a new voucher will be issued.
Delivery and shipping:
All our deliveries are made by a provider of our choice (UPS or DPD). Deliveries are sent to the billing or delivery address you provide. The terms and conditions of UPS or DPD can be found at www.ups.de / www.dpd.de.
If delivery to the customer is not possible, e.g. because the customer cannot be found at the delivery address provided, the customer must bear the costs for the unsuccessful delivery. This also applies if the delivery address is incorrect or forgotten.
pay
You can place your order at COLORBERRY by
- Payment in advance,
- PayPal (direct debit, credit cards),
- Coupon
- Apple Pay
- KLARNA
- Credit card
- Instant bank transfer
make.
Retention of title
The delivered goods remain the property of COLORBERRY until full payment has been made.
Set-off/repayment
A party is only entitled to a right of set-off if its counterclaims have been legally established or are undisputed or acknowledged in writing by the other party. In addition, the party is only entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
Claims for defects
If there is a defect in the purchased item, the statutory provisions apply.
If subsequent performance takes place by way of replacement delivery, the customer is obliged to return the goods initially delivered to COLORBERRY immediately and before delivery of the replacement goods at COLORBERRY's expense. The defective goods must be returned in accordance with the statutory provisions of Sections 439 Paragraph 4 and 346 to 348 of the German Civil Code (BGB).
Choice of law/effectiveness
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should one or more conditions be invalid, this shall not affect the validity of the remaining provisions.
The place of jurisdiction is Wolfratshausen.
Warranty
The legal warranty right applies.
Important instructions
Depiction
The goods offered by COLORBERRY are shown clearly and as closely as possible to reality on the website. However, COLORBERRY is not in a position to guarantee that the images and colors that the customer sees on his screen are completely consistent with reality, also due to different screen, graphic and/or printer settings.
Availability/prices of goods
We would like to point out that the products presented under COLORBERRY may no longer be available or no longer available at the time the customer visits the website and the corresponding prices may have changed.
Delivery
COLORBERRY is entitled to make partial deliveries.