Terms & Conditions

1. Scope

For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.

The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.

The following applies to Austria: In the following conditions, “consumer” is understood to mean “consumer” within the meaning of the Consumer Protection Act (KSchG).

The following applies to Switzerland: In the following conditions, “consumer” is understood to mean the “consumer” under Swiss law.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.

 

2. Contractual partner, conclusion of contract, correction options

The sales contract is concluded with behrens loading systems BV.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German, English, Dutch, Polish
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the stated product prices shipping costs may still apply. For further details on any applicable shipping costs, please refer to the offers.
In principle, you have the option of collecting from behrens loading systems BV, Südring 3e, 21465 Wentorf, Germany during the following business hours: Monday - Thursday 08:00 a.m. - 17:00 p.m. and Fridays 08:00 a.m. - 15:45 p.m

5. Payment

In our shop, the following payment methods are generally available:

Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

SEPA Direct Debit
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year.
The account will be debited after the goods have been dispatched.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order.
The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.

Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after placing the order. Amazon Pay can offer registered Amazon Pay customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Other individually offered payment modalities affect your legal relationship with Amazon Pay. Please see your Amazon Pay account for more information.

on account
The invoice amount is due 14 days after receipt of the invoice and the goods by transfer to the bank account specified on the invoice. We reserve the right to only offer purchase on account after a successful credit check.

6. Right of withdrawal

You have the legal right of withdrawal, as described in the cancellation policy.

7. Retention of Title

The goods remain our property until full payment.
For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.

9. Warranties and Guarantees

9.1 Right to liability for defects
The following applies to consumers based in Germany and Austria: The statutory liability law for defects applies.
The following applies to consumers based in Switzerland: As soon as it is possible in the normal course of business, they should check the condition of the item received and, if there are any defects for which the seller is responsible, notify the seller immediately. If the consumer fails to do this, the purchased item is deemed to have been approved, provided there are no defects that were not apparent during normal inspection. If such defects arise later, notification must be made immediately after discovery, otherwise the item is deemed to have been approved even with regard to these defects. Send the defective product back to us with a description of the defect. You bear the transport costs incurred. We guarantee that defects will be rectified. This is done at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If subsequent fulfillment fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
The following applies to entrepreneurs and merchants: Unless expressly agreed otherwise below, the statutory liability law for defects applies. The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents • in the event of injury to life, body or health • in the event of intentional or grossly negligent breach of duty or fraud • in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) • within the scope of a guarantee promise, if agreed, or • to the extent that the scope of application of the Product Liability Act is open. Restrictions towards entrepreneurs In relation to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations regarding merchants Merchants are subject to the obligation to investigate and give notice of complaints as set out in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, if agreed, or insofar as the scope of application applies of the Product Liability Act has been opened. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.

11. Agreement on the use of Trusted Shops buyer protection

You can protect orders placed with us free of charge up to a certain order value using Trusted Shops AG's buyer protection. In addition, Trusted Shops offers paid insurance together with a guarantor. The Trusted Shops buyer protection conditions apply, which you can find here. Buyer protection is completed by clicking on the appropriately labeled button on the so-called trust card, which appears as a pop-up on the order thank you page after an order has been placed. In order to be able to offer you buyer protection, the trust card must access order data stored in your browser's cache. Access is only possible locally and no order data is transmitted to Trusted Shops before you actively opt for buyer protection. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

12. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

13. Final provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the sense of the German Commercial Code, you are a merchant, a legal entity under public law or a special fund under public law, and for all exclusive jurisdiction disputes, contractual relationships between us and between you are our place of business.

General terms and conditions created with the Trusted Shops legal copywriter