General terms and conditions
1 Scope
The following Terms and Conditions apply to all orders placed via our online shop for consumers only.
"Consumer" means an individual acting for purposes that 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 a 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 catalog. You may initially place our products into the shopping basket without obligation and check your entries at any time before 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 submit a binding offer to buy the products in the shopping basket. The confirmation of receipt of your order will be e-mailed 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 transaction processing time 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 to conclude the contract are English.
We save the contract text and forward the order data and our Terms and Conditions to you by e-mail. For security reasons, the contract text 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, is explained within individual product offers.
We ship the products to the delivery address specified in the order process. We only dispatch goods en route; the customer's pick up is impossible.
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
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, legitimize yourself with your access data, and confirm the payment instructions. The payment transaction is processed immediately after placing the order. You will receive further information in the ordering process.
PayPal, PayPal Express
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 register with PayPal, legitimize yourself with your access data, and confirm the payment instructions. PayPal will process the payment transaction after you place the order. You will receive further instructions during the ordering process.
PayPal may offer registered customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on offering 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 immediately. Failure to make a complaint or to contact us 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 assert our own claims against the carrier or transport insurer.
8 Warranty and guarantees
We are legally obliged to supply products that conform to this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses using our contact details, which are given in the supplier identification. When you exercise your warranty rights, and we deem it necessary to receive the goods back to examine your complaint, you must send them back at our cost to the address provided. We are committed to responding to any complaint immediately but no later than within 14 days of its submission.
Customer service: You can contact our customer service team for questions 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. to 2:00 p.m. and 3:00 p.m. to 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 for these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10 Code of Conduct
We have subjected ourselves to the following codes of conduct:
- Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)
11 Agreement to use Trusted Shops Buyer Protection
You can ensure orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops offers a fee-based guarantee with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions, which you can find here, apply. Buyer protection is activated by clicking on the “Trustcard” button, which appears in a pop-up on the order confirmation page after placing an order. If you are already registered for buyer protection, your order will automatically be secured (automatic buyer protection) without you clicking on the button. To offer you the (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your e-mail address and the order number and order. Your order will automatically be covered if you are registered for buyer protection. If you are not yet registered for buyer protection, you can register using the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.
12 Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. The competent body in this matter is the Federal Republic of Germany's universal arbitration board at the Center for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, Germany; further information can be found here.
13 Instructions on cancellation
Consumers have a 14-day 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 14 days from the day 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 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 to 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. Shipping costs will not be refunded for returns from the USA. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; otherwise, you will not incur any fees due to such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.
You shall return the items to Bergzeit GmbH, Ludwig-Ganghofer-Str. 45, 83624 Otterfing, Germany, without undue delay and no later than 14 days from the day you communicate your cancellation of 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. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the goods' nature, characteristics, and functioning.
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 based on an individual choice of or decision by the consumer or are personalized.
- Contracts for the supply of sealed goods that are unsuitable for return due to health protection or hygiene reasons were unsealed after delivery.
- Contracts for supplying sealed audio or video recordings or sealed computer software that were unsealed after delivery.
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Cancellation Template (If you want to cancel the contract, please complete the form below and return it 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(*) — Order number, ordered on (*) / received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper) — Date |
Voluntary option to return up to 100 days after receipt
After the expiry of the legal right of cancellation, we offer a voluntary option to return the goods for 100 days from receipt, 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 the first day). Timely sending suffices to keep the deadline. A prerequisite for exercising the voluntary return option is 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 compliance with the rules on the additional contractually granted right of return and shall remain in force irrespective of the former.
Returns Process
Customers must cover the return costs. If you have received the wrong item or a faulty product, Bergzeit will cover the return costs. Please follow the steps under "My product has a defect" or "I have received the wrong item."
1. Register your returns using our returns portal.
2. Send the items with sufficient postage* to the following address:
Bergzeit GmbH, c/o MS-Direct AG
Industriestr. 15
87719 Mindelheim, Germany
*For returns with insufficient postage, we are obliged to charge you a fixed fee of €18.
3. The original purchase amount will be refunded within 14 days after receipt of the return shipment. You will be emailed about the status of your return.
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.
14 Pricing
The prices 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. The customer must pay all other taxation (EUSt) and customs duties. 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)
15 Final provisions
If one of these Terms and Conditions provisions is invalid, the remaining contract will remain valid. The relevant legal provisions will replace the invalid provision.
Bergzeit, November 2024