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.

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"Trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.


2 Contractual partner,formation of contract, correction facilities

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 within two days

  • 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 General Terms to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4 Delivery conditions

All prices exclude VAT and customs duties (when applicable). Delivery costs are added to the product prices as displayed. Delivery charges 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 available in our online shop:

Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is processed immediately after placing the order. You will receive further information in the ordering process.

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.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.


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 Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.

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.co.uk.


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 deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.


For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.


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/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.


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, Germany, service@bergzeit.co.uk, 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. 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 Bergzeit GmbH, Ludwig-Ganghofer-Str. 45, 83624 Otterfing, 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 14 days has expired. You will have to bear the direct cost of returning the goods. 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 or are clearly personalised.
  • 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.

 

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, Otterfing, Deutschland, service@bergzeit.co.uk

— 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(*)

— Order number, order date (*) / received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this for is notified on paper)

— Date


(*) Delete as appropriate


Returns Process

PLEASE NOTE:  Orders delivered to non-EU countries are not eligible for free returns, unless you have received the wrong item or a faulty product.
Customers must cover the return costs and ensure that a customs declaration form (CN22/CN23) is attached to the outside of the package. For more information, please see our help section "Customs Declaration Forms (CN22 and CN23)". For goods returned with postage due, we will charge you €18.00.

  1. Register your returns using our returns portal.
  2. Send the items as a tracked package (including CN22/CN23 customs declaration form) to the following address:

    Bergzeit GmbH,
    Ludwig-Ganghofer-Str. 45,
    83624 Otterfing,
    Germany

We do not offer direct exchanges. If you would like the item in a different color or size, you must place a new order in our online shop.


12 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, November 2023