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.

A "consumer" is defined as "any natural person who acts for purposes that cannot be attributed to his or her commercial, business, craft, freelance or agricultural activity". A "trader" is defined as "any natural or legal person, whether governed by public or private law, who is acting for purposes which are within the scope of his trade, business, craft, profession or agricultural activity, even if he is acting in the name or on behalf of another trader"


2 Contractual partner, formation of contract, options for corrections

The contract is concluded with Bergzeit GmbH.

Identifiant(s) Unique(s) (IDU): FR123456_78ABCD

    In accordance with the provisions of the Civil Code on the conclusion of online contracts, after viewing the details of your order, and in particular its total price, you will have the opportunity to correct any errors. The contract will then be concluded when you click on the button to confirm your order and acknowledge your obligation to pay.

     

    3 Contract language, saving of the contract

    The language(s) available for concluding the contract: English

    We will save the text of the contract and send you your order details and our General Terms and Conditions by e-mail. For security reasons, the text of the contract is no longer accessible on 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:

    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.

    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 Guarantees and conformity

    The law on legal guarantees applies. We are liable for these.

    Our contact details
    Bergzeit GmbH
    Georg-Kaindl-Str. 1
    83624 Otterfing
    Germany
    Telephone number: +49 8024 90229-0
    service@bergzeit.fr

    Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

    Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

    The legal guarantee of conformity requires the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.

    The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.

    If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee.

    If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.

    The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :

    1° The trader refuses to repair or replace the goods;

    2° The goods are repaired or replaced after a period of thirty days;

    3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;

    4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity.

    The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.

    The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

    Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that was in force until delivery of the repaired goods.

    The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

    Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

    Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.


    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 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.



    10 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 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/o MS-Direct AG, Industriestr. 15, 87719 Mindelheim, 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.  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.

    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.fr

    — 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



    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 MS-Direct AG, Industriestr. 15, 87719 Mindelheim, Germany). For goods returned with postage due, we have to charge you a fee in the amount of €18.00


    11 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)


    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, October 2023