General terms and conditions, customer information and cancellation policy
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (BERTRAND Food GmbH) via the bertrand.bio website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) As soon as you place the respective product on our website, we will submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as payment method, you will either be directed to the order overview page in our online store or to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data is displayed as an order overview.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the “back” function of the Internet browser) or to cancel the order.
By sending the order via the corresponding button (“order with costs” or similar term) you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for quotations are not binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract period/termination for subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by both parties with a period of notice of 3 weeks to the end of the month (unless otherwise specified in the respective offer). The termination must be made in text form (e.g. e-mail).
(2) The right of termination without notice for good cause remains unaffected.
§ 4 Special agreements on offered payment methods
(1) SEPA direct debit (basic and/or corporate direct debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 5 – 10 days after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In case of a return debit note due to your fault, you have to pay the bank charges incurred.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
1. identity of the seller
BERTRAND Food GmbH
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution procedures before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is english.
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. legal liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions of Business (Part I).
8. term of contract / termination
Information on the term of the contract as well as the cancellation conditions can be found in the regulation “Contract term / cancellation for subscription contracts” in our General Terms and Conditions (Part I), as well as in the respective offer.
last update: 27.10.2020
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier,
– have taken or has taken possession of the goods, or
– have taken possession of the last goods or has taken possession of them, if you have ordered several of them in a single order and they are delivered separately.
In order to exercise your right of revocation, you must inform us (BERTRAND Food GmbH, Hansestr. 3, 59590 Geseke, Tel.: (+49) 5258 9777325, E-Mail: email@example.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form below, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we will refund all payments we have received from you, including delivery charges (except for the additional costs resulting from
you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within 14 days from the day on which we receive notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless
expressly agreed otherwise; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier
You shall return or hand over the goods to us (BERTRAND Food GmbH, Hansestr. 3, 59590 Geseke, Germany) without delay and in any case within 14 days at the latest from the day you informed us of the revocation of this contract. The deadline is deemed to have been met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a condition, properties and functionality of the goods to be tested which do not require necessary handling.
– End of the cancellation policy –
Sample revocation form
(If you want to cancel the contract, you can fill out this form and send it back to us).
BERTRAND Food GmbH
I/we hereby revoke (*)
the one from me/us (*)
concluded contract for the purchase of the following goods (*)/
the provision of the following services (*)
Ordered on (*)/
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as appropriate.