General terms and conditions
1 Scope

The following Terms and Conditions apply to all orders from our online shop, which is for consumers only.

A "consumer" is "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 a contract, options for corrections

The contract is concluded with Bergzeit GmbH.

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

    By the provisions of the Civil Code, upon the conclusion of online contracts, after viewing the details of your order, particularly its total price, you will have the opportunity to correct any errors. The contract will be concluded when you click 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 contract's text and send you your order details and our General Terms and Conditions by e-mail. For security reasons, the contract's text is no longer accessible online.

    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 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.

    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 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 two years from the date of delivery of the goods 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 continuous supply of digital content or a digital service 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 service, 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.

    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 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 goods' non-conformity persists despite the seller's unsuccessful attempt to bring them 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 an 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 immobilization 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 abovementioned rights result from applying 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, which lasts two years from discovering 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
    For questions and queries, you can contact our customer service team by phone (49(0)8024-902290) or by e-mail at service @ bergzeit.de on Monday and Wednesday to Friday from 9:00 a.m. to 5:00 p.m. CET, on Tuesday from 9:00 a.m. to 2:00 p.m. and 3:00 p.m. to 5:00 p.m. CET.

     

     9 Online dispute resolution

    The European Commission provides a platform for online dispute resolution (ODR), 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.

    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 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 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 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 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 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.

    Cancellation Template

    (If you wish 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.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 form is notified on paper)

    — Date


    (*) Delete as appropriate



    Bergzeit Customer Sevice

    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 to be 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.

    Compliance with the rules on the additional contractually granted right of return shall not affect the statutory right of withdrawal applicable to consumers 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 of €18.00


    13 Prices

    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)


    12 Final provisions

    If one of the provisions of these Terms and Conditions is invalid, the remaining contract will remain valid. The relevant legal provisions will replace the invalid provision.

    Bergzeit, November 2024