Terms of service
TERMS AND CONDITIONS
Last updated: August 2026
1. SCOPE
These Terms and Conditions apply to all contracts concluded through the BERRI online store between us and our customers.
Provider:
BERRI
Augustenstr. 5
72458 Albstadt
Germany
Email: info@shopberri.com
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
A business customer is any natural or legal person or legally capable partnership acting in the course of its commercial or independent professional activity when entering into a legal transaction.
Unless expressly stated otherwise, our offers are primarily directed at consumers.
2. CONTRACT LANGUAGE
The languages available for the conclusion of contracts are German and, where offered in our online store, English.
3. CONCLUSION OF CONTRACT
The presentation of products in our online store does not constitute a legally binding offer to conclude a purchase contract, but rather an invitation to place an order.
You may select the products you wish to purchase and add them to your shopping cart. Before submitting your order, you may review and, where necessary, correct your entries.
By clicking the button that completes your order with an obligation to pay, you submit a binding offer to purchase the goods contained in your shopping cart.
After we receive your order, you will generally receive an automatic confirmation by email. An automatically generated order confirmation initially confirms receipt of your order.
The purchase contract is concluded when we expressly accept your order or dispatch the goods to you, unless the order confirmation itself clearly constitutes acceptance of your order.
If we are unable to accept your order, we will inform you accordingly. Any payments already received in relation to an order that we do not accept will be refunded.
4. PRODUCTS AND PRODUCT PRESENTATION
We make reasonable efforts to display our products, colours, materials, sizes and other characteristics as accurately as possible.
Please note that the appearance of colours may vary slightly depending on your screen, device and individual display settings.
The agreed product characteristics and product descriptions are decisive.
Minor deviations that do not constitute a deviation from an agreed characteristic or a legal defect remain reserved.
Your statutory rights in relation to defective goods remain unaffected.
5. PRODUCT AVAILABILITY
All orders are subject to product availability.
If a product you ordered is exceptionally unavailable after you have submitted your order, we will inform you without undue delay.
If payment has already been made and no contract is concluded or delivery becomes permanently impossible, the corresponding amount will be refunded using the original payment method.
We are not obliged to offer unavailable products again.
6. PRICES AND SHIPPING COSTS
The prices displayed in our online store at the time of your order apply.
The prices shown in our online store are total prices.
Any additional shipping costs will be displayed before you complete your order.
The total amount, including any applicable shipping costs, will be shown to you before you submit your binding order.
For deliveries outside the European Union, additional customs duties, taxes or other charges may apply. These may be imposed by the relevant authorities or other bodies and are not charged by us.
Additional terms may apply to discounts, promotional codes and special offers.
In the event of obvious pricing errors, we reserve our statutory rights.
7. PAYMENT
The payment methods available in our online store will be displayed during the checkout process.
Depending on availability, these may include in particular credit and debit cards, Shopify Payments, PayPal, Klarna, Apple Pay, Google Pay or other payment methods.
The time at which payment is charged or becomes due depends on the payment method selected and the terms of the relevant payment service provider.
You are responsible for providing complete and accurate payment information and for using only payment methods that you are authorized to use.
8. DELIVERY
Delivery will be made to the shipping address provided by you when placing your order.
Available delivery areas, shipping methods, shipping costs and estimated delivery times will be displayed in our online store and/or during the checkout process.
Unless expressly stated to be binding, delivery times are estimates.
We make reasonable efforts to process and dispatch orders within the indicated delivery times.
Your statutory rights in the event of delivery delays remain unaffected.
9. TRANSFER OF RISK
Where the customer is a consumer, the risk of accidental loss of or accidental damage to the goods generally passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer and entitled to receive them.
This also applies where the goods are delivered by a shipping carrier.
Mandatory statutory provisions remain unaffected.
10. RIGHT OF WITHDRAWAL
Consumers generally have a statutory right of withdrawal in relation to distance contracts.
Further information on the right of withdrawal, the withdrawal period, the consequences of withdrawal and the return of goods can be found in our separate Withdrawal Policy.
Our Return and Refund Policy contains additional information on the practical handling of returns.
Your statutory consumer rights remain unaffected.
11. RETENTION OF TITLE
The goods remain our property until the purchase price has been paid in full.
12. STATUTORY WARRANTY AND DEFECTIVE GOODS
Statutory rights relating to defective goods apply.
If the delivered goods are defective, you are entitled to the remedies provided by law, including in particular the right to subsequent performance and, where the applicable legal requirements are met, price reduction, withdrawal from the contract and/or damages.
Your statutory rights are not restricted by any voluntary return or refund policy.
If you receive damaged, defective or incorrect goods, please contact us at:
info@shopberri.com
Prompt notification helps us process your request more efficiently but is not a condition for exercising your statutory rights.
13. RETURNS AND REFUNDS
Information on returns and refunds can be found in our Return and Refund Policy.
Where that policy contains voluntary benefits, your statutory rights, including your right of withdrawal and statutory warranty rights, remain unaffected.
14. CUSTOMER ACCOUNT
Where our online store allows you to create a customer account, you are responsible for keeping your login credentials confidential and protecting them against unauthorized access.
The information provided during registration must be complete and accurate.
If you become aware of or suspect unauthorized use of your customer account, please inform us without undue delay.
We may suspend customer accounts where there is an objective reason to do so, in particular in cases of misuse, suspected fraud or violations of applicable law or these Terms and Conditions.
15. PERMITTED USE OF THE ONLINE STORE
Our online store may only be used in accordance with applicable law.
In particular, you must not:
• use the online store for unlawful or fraudulent purposes;
• infringe the rights of third parties;
• transmit malware, viruses or other harmful content;
• circumvent technical security measures;
• intentionally interfere with the operation or security of the online store;
• unlawfully collect personal data of other users;
• impersonate another person;
• provide false or misleading information;
• unlawfully reproduce, exploit or automatically extract our content or data.
We reserve the right to take appropriate measures, to the extent permitted by law, in the event of serious violations.
16. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
The content of our online store, including in particular texts, product descriptions, designs, graphics, images, videos, logos, trademarks and other content, may be protected by copyright, trademark law or other intellectual property rights.
Unless otherwise stated, the relevant rights belong to BERRI or the respective rights holders.
Any reproduction, modification, publication, distribution or other use of protected content beyond what is legally permitted requires the prior consent of the relevant rights holder.
The BERRI name, our logos, designs and other brand identifiers may not be used for commercial purposes without the required authorization.
17. REVIEWS AND CUSTOMER-PROVIDED CONTENT
If you publish product reviews, images, comments or other content in our online store or provide such content to us for publication, you must have all necessary rights to that content.
The content must not infringe third-party rights and must not contain unlawful, offensive, discriminatory, defamatory or otherwise prohibited material.
To the extent necessary for publication and display, you grant us a non-exclusive, territorially unrestricted right to use the content you provide for the purpose for which you made it available to us.
Your statutory rights remain unaffected.
18. THIRD-PARTY SERVICES AND EXTERNAL LINKS
Our online store may contain features, services or links provided by third parties.
Where you use services offered by a third party, the terms and privacy policies of that third party may also apply.
The respective operators are generally responsible for the content of external websites.
Our statutory responsibilities remain unaffected.
19. SHOPIFY
Our online store is technically provided through the Shopify platform.
However, your contractual partner for purchases of BERRI products through our online store is BERRI and not Shopify.
Shopify primarily provides the technical e-commerce infrastructure.
Information on the processing of personal data by Shopify and by us can be found in our Privacy Policy.
20. PRIVACY
Information on how we process personal data can be found in our Privacy Policy.
The Privacy Policy is available through our online store.
21. LIABILITY
We are liable without limitation:
• in cases of intent and gross negligence;
• for injury to life, body or health;
• under applicable product liability legislation;
• where we have expressly provided a guarantee;
• and in all other cases where liability is mandatory by law.
In the event of a slightly negligent breach of a material contractual obligation, we are liable in accordance with applicable law. Material contractual obligations are obligations whose performance is essential for the proper execution of the contract and on whose fulfilment the contractual partner may regularly rely.
Where legally permitted, liability for a slightly negligent breach of a material contractual obligation is limited to the typical and foreseeable damage arising from the contract.
Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.
Mandatory statutory liability provisions and consumer rights remain unaffected.
22. FORCE MAJEURE AND EVENTS OUTSIDE OUR CONTROL
Where events occur that are outside our reasonable control, such as natural disasters, strikes, governmental measures, significant disruptions to transport routes or comparable extraordinary events, performance of our obligations may be delayed.
Mandatory statutory consumer rights, particularly in relation to delivery delays or impossibility of performance, remain unaffected.
23. CHANGES TO THESE TERMS AND CONDITIONS
The version of these Terms and Conditions in force at the time the contract is concluded generally applies to the relevant order.
We may amend these Terms and Conditions for future contracts where necessary due to changes in law, changes to our offer or other objective reasons.
Changes do not apply retroactively to contracts already concluded unless this is expressly permitted by law and agreed.
The current version of these Terms and Conditions is available in our online store.
24. GOVERNING LAW
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, to the extent permitted by law.
If you are a consumer whose habitual residence is in another country, any mandatory consumer protection provisions of that country which may not be excluded by agreement remain unaffected.
25. DISPUTE RESOLUTION
The statutory rules regarding competent courts apply.
Where required by law, we will provide information here and/or in our Legal Notice regarding our willingness or obligation to participate in dispute resolution proceedings before a consumer arbitration body.
26. SEVERABILITY
If any provision of these Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the applicable statutory provisions will apply and the validity of the remaining provisions will generally remain unaffected.
27. CONTACT
If you have any questions regarding these Terms and Conditions or your order, please contact us:
BERRI
Augustenstr. 5
72458 Albstadt
Germany
Email: info@shopberri.com