Terms of service
Terms of Service
1. About these Terms
These Terms of Service apply to your use of the Behr Necessities online store and to purchases made through our website.
The terms “Behr Necessities”, “we”, “us” and “our” refer to the operator of the Behr Necessities online store.
For questions about these Terms or your order, please contact:
Nothing in these Terms limits any mandatory statutory rights available to consumers.
2. Our Online Store
Our online store is powered by Shopify, which provides the ecommerce infrastructure that enables us to offer our products and services online.
Any purchase made through our store is a transaction between you and Behr Necessities. Shopify is not the seller of our products.
3. Products
We aim to describe and display our products as accurately as reasonably possible.
Colours and appearance may vary slightly depending on your screen, device settings, lighting and other technical factors.
Important product characteristics, including dimensions, format and materials where relevant, will be stated on the applicable product page.
We may update, modify or discontinue products from time to time.
If we are unable to fulfil an order after payment has been received, we will inform you and refund the relevant payment.
Your statutory rights relating to defective or non-conforming goods remain unaffected.
4. Orders and Contract Formation
The display of products in our online store does not itself constitute a legally binding offer to sell.
By completing checkout and submitting your order using the applicable payment button, you submit a binding offer to purchase the products contained in your order.
Before submitting your order, you will have the opportunity to review and correct the information provided.
After an order is submitted, you will normally receive an electronic acknowledgement confirming that we have received it.
Unless expressly stated otherwise, an automated acknowledgement of receipt does not by itself constitute acceptance of your order.
A contract is concluded when we expressly accept your order, confirm dispatch of the goods, or otherwise clearly confirm acceptance.
If we decline an order after payment has already been collected, the relevant amount will be refunded.
5. Prices and Payment
The price applicable to your purchase will be the price displayed when you place your order.
Any applicable delivery charges and other mandatory costs will be shown before you complete checkout.
The payment methods available for your order will be displayed during checkout.
You are responsible for providing complete and accurate billing, payment and delivery information.
6. Delivery
Available delivery destinations, delivery options and shipping charges will be shown on our website or during checkout.
Any stated delivery timeframe is an estimate unless a specific binding delivery date has expressly been agreed.
If delivery is delayed, your statutory rights remain unaffected.
For consumer purchases, responsibility for accidental loss or damage to the goods will be determined in accordance with applicable consumer law.
7. Returns and Statutory Withdrawal Rights
Consumers purchasing online may have a statutory right to withdraw from their purchase.
Consumers within the European Union generally have a 14-day statutory right of withdrawal for distance contracts, subject to applicable legal exceptions.
Behr Necessities also offers a voluntary 30-day return policy, subject to the conditions stated in our Returns & Refunds Policy.
Full details regarding returns, withdrawal, return postage and refunds are contained in our Returns & Refunds Policy.
Our voluntary 30-day return policy does not limit or replace your statutory consumer rights.
8. Damaged, Defective or Incorrect Products
If your item arrives damaged, is defective or you receive an incorrect product, please contact:
Please provide your order number and, where possible, photographs showing the issue.
We will provide an appropriate remedy in accordance with your statutory consumer rights.
Depending on the circumstances, this may include replacement, repair where appropriate, price reduction or refund.
Your statutory consumer rights remain unaffected.
9. Personalised Products
Where we offer products made specifically according to your individual specifications or products that are clearly personalised, statutory withdrawal rights may be excluded where the applicable legal requirements are met.
Where such an exception applies, we will make this clear before you place the relevant order.
Your statutory rights regarding damaged, defective or incorrectly supplied goods remain unaffected.
10. Intellectual Property
Unless otherwise stated, original Behr Necessities branding, product designs, calendar designs, website content, text, graphics, photographs and other original materials are owned by Behr Necessities or used with the permission of the relevant rights holder.
You may access and use our website for lawful personal purposes.
You may not reproduce, distribute, commercially exploit, modify or use our protected materials for commercial purposes without prior permission unless such use is permitted by law.
Third-party trademarks, names and content remain the property of their respective owners.
11. Reviews and Customer Content
If you voluntarily submit a review, photograph, comment or other content to Behr Necessities, you confirm that you have the necessary rights to provide that content.
You remain responsible for the content you submit.
We may use genuine customer feedback and submitted content for operating and promoting Behr Necessities where permitted by law and, where legally required, with the appropriate consent.
We may remove content that is unlawful, misleading, defamatory or infringes the rights of another person.
12. Third-Party Services
Our website may use third-party services such as Shopify, payment processors, delivery providers and other ecommerce services.
Those providers may operate according to their own terms and privacy policies.
We are not responsible for independent third-party websites or services that we do not control.
Nothing in this provision excludes responsibility where liability cannot legally be excluded.
13. Acceptable Use of the Website
You may use our website only for lawful purposes.
You must not knowingly:
- interfere with the operation or security of the website;
- introduce malicious software;
- attempt unauthorised access to accounts, systems or data;
- use the website fraudulently;
- infringe intellectual property rights; or
- use automated processes in a way that materially damages or disrupts the website.
We may reasonably restrict access where necessary to protect our customers, systems or business.
14. Liability
Nothing in these Terms excludes or restricts liability where such exclusion or restriction is prohibited by law.
In particular, nothing in these Terms excludes liability for intentional misconduct, gross negligence, injury to life, body or health where liability cannot lawfully be excluded, mandatory product liability, or other liability that cannot legally be limited.
Otherwise, liability is governed by applicable law.
15. Privacy
Personal information is processed in accordance with our Privacy Policy and applicable data protection law.
Shopify and other service providers may process information where necessary to operate our ecommerce store and provide related services.
Please review our Privacy Policy for further details.
16. Changes to these Terms
We may update these Terms where reasonably necessary because of changes to our products, services, technology, business operations or applicable law.
The Terms applicable to a purchase will normally be those in effect when that purchase is made.
Changes to these Terms will not retrospectively remove statutory rights relating to contracts already concluded.
17. Governing Law
These Terms and contracts concluded through our online store are governed by the laws of the Federal Republic of Germany.
Where you are a consumer residing in another country, this choice of law does not deprive you of mandatory consumer protections that apply in your country of habitual residence.
18. Severability
If an individual provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
Mandatory statutory provisions will apply where required.
19. Contact
For questions regarding these Terms of Service or an order, please contact:
Behr Necessities
hello@behrnecessities.de