General terms and conditions
1 Scope
The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is for consumers only.
2 Contractual partner, formation of contract, options for corrections
The contract is concluded with Bergzeit GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order.
We will accept your offer
- by sending you a notice of acceptance in a separate e-mail or
- by shipping the goods, or
- if applicable, by having the payment transaction processed by our service provider or the selected payment service provider. The time of processing of the transaction depends on the respective payment method selected (see below under "Payment").
The relevant alternative for you is determined by which of the listed events occurs first.
3 Contract language, saving of the contract
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.
4 Delivery conditions
Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
5 Payment
The following payment methods are basically available in our online shop:
Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
6 Retention of title
The goods shall remain our property until full payment is made.
7 Damage during delivery
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer
8 Guarantees and conformity
Le droit en matière de garanties légales s’applique.
Legal guarantee of conformity:
The legal guarantee of conformity is provided for in Articles L.217-3 et seq. of the Consumer Code.
Under the legal guarantee of conformity, we are obliged to answer for defects of conformity of the goods sold which were present at the time of delivery, under the conditions provided for in article L.217-3 of the Consumer Code. However, we are not bound by the public declarations of the manufacturer or his representative if we are not aware of them.
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When the consumer acts under the legal guarantee of conformity : they have a period of two years from the date of delivery of the goods to take action; he may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L 217-12 of the Consumer Code. The consumer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for goods acquired second-hand for which a period of 12 months applies. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. Legal guarantee against hidden defects: The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code within a period of 2 years from the discovery of the defect. Under the legal guarantee against hidden defects, we are required to respond to hidden defects in the item sold which render it unfit for the intended use or which so diminish this use that the buyer would not have acquired it or would have paid a lower price for it if he had known about them. In this case, the consumer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. |
Customer service
You can contact our customer service team for questions, complaints and complaints on Monday and Wednesday to Friday from 9:00 a.m. to 5:00 p.m., on Tuesday from 9:00 a.m. - 2:00 p.m. and 3:00 p.m. - 5:00 p.m CET by phone (49(0)8024-902290) or by e-mail at service @ bergzeit.de.
9 Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10 Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11 Instructions on cancellation
Consumers have a 14 days right to cancel.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Bergzeit GmbH, Georg-Kaindl-Str. 1, 83624 Otterfing, Deutschland, service@bergzeit.de, Phone: 49 8024 902290) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For returns from the USA, shipping costs will not be refunded.We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or Bergzeit GmbH c/oFineCom Logistics GmbH, Zur Painten 777, 94529 Aicha vorm Wald, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. For returns from the USA, shipping costs will not be refunded. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right to cancel does not exist for the following contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications, i.e. non- prefabricated goods made on the basis of an individual choice of or decision by the consumer or are clearly personalized.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
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Cancellation Template (If you want to cancel the contract, please fill out the form below and send it back to us.) — To Bergzeit GmbH, Georg-Kaindl-Str. 1, 83624 Otterfing, Deutschland, service@bergzeit.de — I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*) — Ordered on (*) / received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this for is notified on paper) — Date |
Bergzeit Customer Sevice
Voluntary option to return up to 100 days after receipt
After expiry of the legal right of cancellation, we offer a voluntary option to return the goods for a total of 100 days from receipt of the goods, valid for all purchases. This return option allows you to withdraw from the contract even after the 14-day cancellation period has expired (see under Cancellation policy above) by returning the goods to us within 100 days of receipt (the day after receipt of the goods is considered to be the first day). Timely sending suffices to keep the deadline. A prerequisite for exercising the voluntary return option is, however, that you only wear / try out the goods as you would in a retail store, and that you return the goods in full in their original condition without damage to the original packaging. The voluntary return option is not available for gift certificates.
The statutory right of withdrawal applicable to consumers shall not be affected by the compliance with the rules on the additional contractually granted right of return and shall remain in force irrespective of the former.
Please provide sufficient postage for returns and mail to us (Bergzeit GmbH, c/o FineCom Logistics GmbH, Zur Painten 777, 94529 Aicha vorm Wald, Germany). For goods returned with postage due, we have to charge you a fee in the amount of €18.00
12 Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include shipping costs. Deliveries to non-EU countries are made without charging German VAT. All other taxation (EUSt) and customs duties must be paid by the customer. Deliveries to a delivery address in Switzerland and the UK are only possible via our CH shop (www.bergzeit.ch) and UK shop (www.bergzeit. co-uk)
13 Final provisions
If one of the provisions of these Terms and Conditions is invalid, the remaining contract will remain valid. The invalid provision will be replaced by the relevant legal provisions.
Bergzeit, January 2022