Terms and Conditions

We want you to be happy !

What you should know- our general terms and conditions for sales, delivery and payment

Business Relationship: Basis for the initiation of a business relationship is evidence of a business license. Following a change of address, an up-to-date business license must be sent. Our deliveries, services and offers are provided solely on the basis of these conditions.

Our offers in this catalogue are subject to change and non-binding. Naturally, we will do everything we can to satisfy you. Special arrangements, changes and amendments are only valid if we confirm them with you in writing.

Our Prices do not include the legally mandated value added tax. Our prices are quoted ex our warehouse in D-78333 Stockach and exclude all additional costs such as freight and packaging.

Our minimum order value is 100.00 € net. For orders under € 100.00 net, we add a mark-up for small volume purchases of € 5.00 to cover additional costs. We do not accept orders under € 50.00.

Shipping costs within Germany:
Packaging and postage will be charged at cost. For orders totalling €400.00 net or more, we offer free delivery on one parcel. A surcharge for delivery to islands applies.

Shipping costs abroad:
These are charged per parcel according to weight. If the net invoice amount is € 680.00 or more, we will send one parcel free of charge within Europe.
Outside Europe, freight is generally charged. Shipping is carried out by FedEx. FedEx charges a surcharge for delivery to islands in Europe.

Exception for large statues and large displays:
As shipping of large statues is carried out by a forwarding agent, costs will not be covered by us in any of the above cases, even if the invoice amount exceeds € 400.00 net (within Germany) or € 680.00 net (abroad).

Delivery dates or deadlines agreed verbally require written confirmation in order to be legally binding.

Deliver period:
For an express processing fee of 5 €, we will internally expedite your order.

Terms of payment in Germany:
The first delivery will be made by immediate direct debit with a 4% discount or by payment in advance without a discount. Starting with your second order, you can choose from any of the following payment options:

Invoice: 2% discount if paid within 8 days, or net 30 days
Direct Debit authorization: Immediate with 4% discount or 30 days net
Paypal without discount
Payment in advance without discount

Should repeated reminders on our part be necessary due to late payment, we reserve the right to dispatch future deliveries only upon receipt of payment in advance or via PayPal. Should it become necessary to engage a debt collection agency, this shall apply in all cases.

Terms of payment for international orders:
Regrettably, in recent years we have frequently found that, in the event of non-payment by international customers, we have faced very high legal costs or have had to write off the debt. To prevent this from happening, we ask for your understanding that we can now only dispatch goods internationally against payment in advance with a 4% discount, or via PayPal without a discount.

For Austria: Your first delivery will be made by direct debit with an immediate 4% discount or by payment in advance. We do not offer a discount for payment in advance or PayPal.

Reservation of property rights:
Our goods remain our property until full payment has been received. Should the customer violate the terms of the contract - and especially in the event of defaulted payment - we have the right to re-possess our goods at the customer’s expense or, if need be, to demand the transfer of the client’s return claims against third parties. In such a case of repossession, the contract is not repudiated.

Warranty & defects:
If the delivered good is defective, lacks the promised qualities, or becomes damaged due to faults in manufacture or material within the warranty period, we will of course provide a replacement. In that case we reserve the right to reclaim the goods.

Warranty period:
The legally mandated warranty provisions apply.

Returns:
Obvious defects in the product, as well as the desire to return intact goods, have to be communicated to us without delay, at the very latest within two weeks of delivery.

Defective goods must be returned in the condition they were in at the time the defect was discovered or held ready for collection following consultation with us. In the event of a valid complaint, we will replace the goods and reimburse postage costs or issue a credit note.

If you return intact goods, we will issue a credit note by arrangement. In this case, the return shipping will be at your cost. Depending on the effort required, we will impose a re-stocking fee of up to 15%. We only accept returns of intact, sound goods from the current catalogue.

Damage claims are excluded.

Please understand that we cannot accept freight collection (unpaid) returns.

Returns must be sent to our delivery address:

Berk GmbH & Co. KG
Gießereistr. 13-15
78333 Stockach

Subject to availability:
We always endeavour to deliver our products without delay. Should an article no longer be available, we will inform you. There is no claim of right to delivery or recourse.

Export clients:
German law applies to all contractual relationships with foreign clients. The court of legal jurisdiction is the district court of Stockach or the provincial court of Constance.

If any of the above-enumerated provisions is not legally enforceable, the legal enforceability of the other provisions remains unaffected. The unenforceable provision will be replaced by a legal provision that most closely approximates the legal and financial relationship entailed in the voided provision.

Validity of the catalogue:
October 2025 to September 2026

Validity of these Terms and Conditions:
Subject to change: October 2025 to September 2026

Stockach in September 2025