General terms and conditions
1 Scope

The following Terms and Conditions apply to all orders placed via our online shop, which is 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, 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 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 for concluding the contract: English

We save the contract text and forward the order data and our General Terms to you by e-mail. For security reasons, the contract text cannot be accessed via the Internet.

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; 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. 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 enquires 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.co.uk.


9 Liability

We shall, in any case, be liable without limitation for claims due to damages that we have caused, 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
• to any other liability, including any liabilities under the sale of goods or supply of services legislation, that applicable law may not exclude or limit.

For breach of material contractual obligations, the fulfillment of which makes 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 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 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.


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, 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 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. 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 goods or hand them to Bergzeit GmbH, Ludwig-Ganghofer-Str. 45, 83624 Otterfing, Germany, without undue delay and no later than 14 days from when you cancel this contract with us. The deadline is met if you send back the goods within 14 days. 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 are made to the consumer’s specifications or 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.

Bergzeit, November 2024