Terms and Conditions

Last updated: 22 March 2025

Article 1 – Definitions
Within these Terms and Conditions, the following definitions apply:

Withdrawal period: The period during which the consumer may exercise the right of withdrawal.
Consumer: A natural person not acting in a professional or commercial capacity, entering into a distance contract with the entrepreneur.
Day: Calendar day.
Recurring transaction: A distance contract for regular delivery of goods and/or services.
Durable medium: Any tool that allows the consumer or entrepreneur to store information for later use in unaltered form.
Withdrawal: The option for the consumer to cancel a distance contract within the withdrawal period.
Entrepreneur: The individual or legal entity offering goods and/or services to consumers at a distance.
Distance contract: A contract formed using distance communication technology without physical contact.
Remote communication technology: Means used to conclude contracts without both parties being present.
Terms & Conditions: These general terms governing the relationship between entrepreneur and consumer.

Article 2 – Identity of the Entrepreneur

Email: service@berkleather.com
Business hours: Monday to Friday 10:00 – 18:00; Saturday to Sunday 12:00 – 17:00
Response time: Typically between 30 minutes and 24 hours

Article 3 – Applicability
These Terms and Conditions apply to every offer from Berk Leather and to any distance agreement concluded between Berk Leather and the consumer. Before a contract is finalized, the consumer is given access to these terms. If that is not feasible, the entrepreneur will indicate how the terms can be reviewed and provide them free of charge upon request.
In case of conflicting terms, the consumer may rely on the provision most favorable to them. If a clause is declared invalid, the remaining contract remains effective, and the invalid clause will be replaced with one of similar intent.

Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be clearly stated. All offers are non-binding and may be adjusted by the entrepreneur. Product descriptions are detailed and aim to represent the product accurately. Color variations may occur due to screen differences. Obvious errors do not bind the entrepreneur.
Additional costs, such as import VAT or customs fees, are borne by the customer. Offers will always include price details (excluding import duties), delivery costs, cancellation terms, payment methods, and delivery expectations.

Article 5 – The Contract
A contract is valid once the consumer accepts the offer and fulfills the related conditions. For online acceptance, Berk Leather will confirm receipt electronically. Until this confirmation is issued, the consumer may withdraw.
Secure data handling is ensured. The entrepreneur reserves the right to verify payment capability and refuse or conditionally accept orders.
Upon order confirmation, the following information is provided in writing:

– Contact details for complaints
– Conditions or exclusions regarding withdrawal
– Warranty and post-sale service information
– Details as outlined in Article 4
– Termination terms for ongoing contracts

Contracts are valid only while supplies last.

Article 6 – Right of Withdrawal
Consumers may cancel the contract within 30 days of receiving the product, without providing a reason. During this time, products must be handled carefully and returned unused in original packaging. Notice of withdrawal must be given in writing (such as via email) within the withdrawal period. The product must then be returned within 30 days after this notice. If the return is not made on time, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal
Consumers cover the return shipping. The full purchase price will be refunded within 7 days of receiving the returned item.

Article 8 – Exclusion of Right of Withdrawal
Withdrawal rights do not apply to:

– Personalized or custom-made items
– Perishable or time-sensitive goods
– Items opened that are non-returnable for hygiene reasons
– Sealed audio, video, or software once unsealed
– Newspapers or magazines

Article 9 – Prices
Prices remain stable during a promotion or offer period unless changes in VAT regulations occur. Outside such periods, prices may vary due to market conditions. If a price increase happens more than three months after the contract, the consumer may cancel. Import duties and handling fees are collected by the delivery service. Printing or typographical errors are non-binding.

Article 10 – Conformity and Warranty
Products must meet the contract, legal requirements, and general expectations for usability. Any defects should be reported within 30 days. The warranty period depends on the manufacturer’s policy. Improper use or modifications void the warranty. Warranty is not valid in cases such as:

– Unauthorized repairs or changes
– Failure to follow care instructions
– Regulatory changes affecting product use

Article 11 – Delivery and Execution
Orders are processed with care and delivered to the address specified by the consumer. If delays occur, the customer will be informed within 30 days and may cancel the contract. If an item is unavailable, an equivalent replacement may be proposed. Responsibility for loss or damage rests with Berk Leather until delivery is completed.

Article 12 – Term Contracts: Termination & Renewal
Indefinite contracts may be cancelled with one month’s notice. Fixed-term contracts end automatically or may also be terminated with one month’s notice. Automatic renewal requires clear, prior consent from the consumer.

Article 13 – Payment
Payments must be completed within 7 business days from the start of the withdrawal period. Any discrepancies should be reported immediately. Late payments may incur reasonable fees, which will be clearly communicated beforehand.

Article 14 – Complaints
Complaints must be submitted in writing within 30 days of discovery. Berk Leather will respond within 30 days or notify the customer if more time is required. If no resolution is reached, the complaint may be escalated and treated as a formal dispute.