General Terms and Conditions regarding Customer Information
General Terms and Conditions
- Scope and Provider
- Conclusion of Contract
- Shipping Costs
- Delivery Conditions
- Payment Terms
- Retention of Title
- Cancellation Policy
- Transport Damage
- Final Provisions
- How does the shopping cart system work?
- Do I need to register?
- When does my order become binding?
- Is the contract wording stored?
General Terms and Conditions (with legal information)
These Terms and Conditions apply to all orders made via the online store of
83624 Otterfing, Germany
Telephone +49 (0)8024 / 90 229 – 0
Fax +49 (0)8024 / 90 229 – 9
District Court of Munich HRB 163498
VAT ID: DE 814 724 454
Our customer service is available for questions, reclamations and complaints from Monday to Friday 09:00 am to 07:00 pm at telephone number +49 (0)8024 / 90229-0 or by e-mail firstname.lastname@example.org.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here: http://ec.europa.eu/consumers/odr. Consumers can use this platform for the settlement of disputes. We are not willing to participate in a dispute settlement procedure before a German consumer arbitration body.
2.1 The product representations in the online shop are intended to provide an offer to buy. By clicking the „Buy“ button, you are entering a binding offer to buy.
2.2 We can accept your order by sending a separate order confirmation per e-mail or by delivering the goods. Receipt of the order is confirmed through an automated e-mail that is sent immediately after sending the order, which does not constitute an acceptance of the contract.
The prices listed on the product pages include VAT and other price components, and they are understood to exclude shipping costs. Shipments to non-EU countries are calculated without the German VAT. All other taxation (import VAT) and customs clearance fees must be borne by the customer. Deliveries to addresses in Switzerland are only possible through our Swiss shop (www.bergzeit.ch).
4.1 Shipping costs for the deliveries are stated on our website (Shipping cost table). The shipping costs will be provided again when the ordering process is initiated. From a value of EUR 50.00 we ship free of charge within Germany.
4.2 When paying cash on delivery, increased shipping costs (EUR 4.00) and an additional fee of EUR 2.00 will be due and payable to the delivery agent on site. There are no other taxes or costs.
5.1 Deliveries within Germany are handled by DHL and shipped to your mailing address. PO boxes or general deliveries are not possible.
5.2 Unless otherwise stated in the offer, the delivery time is 3-5 days. Certain good can be shipped express within 24 hours. Goods eligible for express delivery are marked as such.
5.3 If not all goods ordered are in stock, we reserve the right to make partial deliveries at our expense, if this is reasonable towards you.
5.2 If the goods cannot be delivered in three attempts for reasons that are your fault, we have the right to withdraw from the contract. Any payments made by you will be refunded immediately.
5.5 If the ordered product is not available because our suppliers have not delivered to us for reasons that are not our fault, we have the right to withdraw from the contract. In this case you will be informed immediately and we may propose shipping a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments made by you.
6.1 Payments can be made either in advance, COD, credit card, PayPal, instant transfer or - if available - via invoice (BillPay). The General Terms and Conditions of Billpay GmbH apply.
6.2 If you elect to pay in advance, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
6.3 When paying by credit card, PayPal or instant transfer, your account will be charged when the payment transaction is carried out.
6.4 If you are in default of payment, an interest rate in the amount of 5% above the base rate will be due on the purchase price for the duration of the delay. We reserve the right to prove and assert a higher damage amount caused by the delay.
6.5 Details of the payment methods offered can be found on our website under the heading „Payment types“.
The goods remain our property until complete payment has been received. Until the ownership is transferred, pledging, assignment as security, processing or alterations are not allowed without our consent.
Consumers have a fourteen day right of cancellation.
A consumer is a natural person who enters into a legal transaction for a purpose attributed neither to a commercial nor a self-employment activity.
8.1 Cancellation policy for goods sent by post:
The following cancellation policy applies only to goods sent by post.
Cancellation form: Cancellation form to complete
8.2 The right of cancellation does not apply to distance contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination is required by the consumer, or which is customised to the personal needs of the consumer
- for the delivery of goods that are subject to quick spoilage or whose expiration date would quickly be passed
- for the delivery of sealed goods which are not suitable for return if their seal has been removed after shipping, due to health or hygiene reasons
- for the delivery of goods which are permanently mixed with other goods due to their properties
- for the delivery of audio or video recordings or computer software shipped in sealed packaging if the seal has been removed after delivery
- for the delivery of newspapers, magazines or catalogues, with the exception of subscription contracts.
8.3 Bergzeit customer service
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. If you have problems downloading the return sticker or you have no printer available, please contact Customer Service. The voluntary return option is not available for gift certificates.
For returns from Germany, Austria or Switzerland, you can print a free Return label at our return portal. Please provide sufficient postage for returns from other countries and mail to us (Bergzeit GmbH, Hienlohestr. 24, 83624, Otterfing, Germany). For goods returned with postage due, we have to charge you a fee in the amount of EUR 18.00.
9.1 If goods are delivered with obvious transport damage, please inform the shipper immediately and contact us as quickly as possible (telephone no. +49 (0)8024 / 90 229 – 0).
9.2 Failure to lodge a complaint or make contact does not impact your legal warranty right. However, it would aid us in making claims against the carrier or the transport insurer.
The statutory right of defect applies to all items offered in our shop.
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.
You may mark products without making a commitment to buy by clicking on the "Add to shopping cart" button. You may view your shopping cart at any time by clicking on the "Shopping cart" button, where you can remove items from the shopping cart by clicking on "Remove item". If you wish to purchase the items in your shopping cart, click on the "Checkout" button.
After selecting your products, you are asked to enter your data. Mandatory fields are marked with "*". You can optionally create an account and make future orders easier by simply entering your username and password, without having to enter your address data again.
You can check the data provided again on the order page. The ordering process is completed by pressing the „Buy“ button. You can cancel at any time by closing your browser. The individual pages offer additional information, e.g. the option to make corrections.
The contract text is stored on our internal systems. The general Terms and Conditions are available on our website. The order data and the GTC will be sent via e-mail. For security reasons, your ordering data will no longer be available via the internet after completion of your order.