General Terms and Conditions

General Terms and Conditions of the company Bergfreunde GmbH, Bahnhofstr. 26, 72138 Kirchentellinsfurt, hereinafter referred to as „Seller“.

§ 1 General and Application

(1) Following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order.

(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers in terms of these terms and conditions are Consumers as well as Entrepreneurs.

(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.

§ 2 Conclusion of the contract

(1) The presentation of the goods on the website of the Seller does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the Site, in particular this may lead to colour variations, as far as reasonable.

(2) The Customer can order on the Sellers website, by email or in writing. The Customer’s order is a binding offer of the ordered product. The technical steps for concluding the purchase contract via the Seller's website are as follows:

a) The Customer can select products from the Seller's online offering and collect these in a shopping basket by clicking the button “Add to basket”. The contents of the basket can be accessed at any time by clicking the button “Basket”. The Customer can view the data saved there (such as the number of products) at any time and make modifications if necessary, or remove products from the basket by clicking the “Remove” button. A binding order will then not be placed for these products.

b) By clicking the button “Go to checkout”, the Customer is guided through the order process, in which customer details, delivery address and desired payment type can be added. At the end of this process, the Customer is then directed to an order overview in which all data is displayed again. Before placing the order, the Customer has the option to check all details here again (such as name, address, shipping method, payment type and ordered products) and modify these using the “Back” function of the Internet browser or the “Edit” button, or cancel the purchase entirely by closing the Internet browser. By clicking the “Buy” button, the Customer issues a binding request to purchase the goods in the basket. However, the request can only be submitted and forwarded if the Customer has accepted these contract conditions by clicking on the “Terms and Conditions” button, thereby incorporating them into the request. The Seller will then send an automated confirmation of receipt to the Customer via email, in which the Customer’s order is itemized and which the Customer can print out via the “Print” function. The automated confirmation of receipt documents that the Customer’s order has been received by the Seller, however this does not yet constitute acceptance of the Customer’s offer to establish a purchase agreement.

c) If the “Invoice” payment type is selected, the contract of purchase is concluded at the time of dispatch of an order confirmation via email or the delivery of the goods. The Seller is entitled to accept the Customer’s contractual offer contained in the assignment within 5 working days. With products ordered on electronic way, the Seller is entitled to accept the order within 2 working days upon receipt. The acceptance takes place when the Seller delivers the ordered goods within this period.

d) For payment via prepayment/bank transfer by selecting the respective payment provider offered by the Seller such as Klarna instant funds transfer, iDEAL, ApplePay, Bancontact or PayPal, the Seller bindingly accepts the Customer’s offer by initiating the payment transaction via the payment provider. The purchase agreement is thus already established after the payment process has concluded between the parties. A separate order confirmation from the Seller is therefore not required in order to effectively conclude the purchase agreement as a rule.

e) By way of derogation from b), after placing the goods in the basket, the Customer has the option of initiating and concluding the order process using the “Go to PayPal” button. In this case, the customer is directly forwarded to the payment provider PayPal. The placement of the order and triggering of the order and payment process is carried out via PayPal in this process and constitutes a binding offer from the Customer to conclude the contract. The Seller bindingly accepts the Customer’s offer by initiating the payment transaction via PayPal. The purchase agreement is thus already established after the payment process has concluded between the parties.

(3) In accordance with existing statutory regulations regarding rescission, the Seller has the right to cancel the Customer’s entire order in the event of price indications that are obviously erroneous. This particularly applies in the event of missing prices due to shop errors, items priced at zero euros or incorrect set prices. This also applies if products can no longer be delivered due to the lack of availability of supplies for which the Seller is not responsible. Any previously received payments must be reimbursed promptly by the Seller (within seven days of cancellation) via the payment method selected by the Customer. In the event of cancellation by the Seller, the Customer will not incur any costs.

(4) The conclusion of the contract is subject to correct and punctual supply to the Seller, otherwise the Seller is entitled to withdraw from the contract. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable efforts to purchase the products. In case of non-availability or only partial availability of the goods, the Customer is immediately informed. In this case, the Customer is also entitled to withdraw from the purchase agreement. In the event of withdrawal, any received form of payment will be immediately refunded to the Customer.

(5) When the Customer orders on electronic way, the Seller stores the contract text and sends it to the Customer by email with the legally effective terms and conditions.

§ 3 Retention of title and rescission

(1) With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.

(2) With behaviour contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled to withdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.

(3) The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorised for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfil his payment obligation.

(4) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.

§ 4 PRICES AND SHIPPING COSTS

(1) The prices stated are gross prices and include statutory VAT as well as other price components. Additionally incurred shipping costs are detailed in the shipping costs overview/delivery restrictions. Packaging costs are already included in this delivery costs. For cross-border delivery, additional taxes (e.g. for intra-Community purchase) and/or duties (e.g. customs) may be incurred in the individual case, which the Customer must pay directly to the local responsible customs or tax authorities and not to the Seller.

(2) The Customer shall only be entitled to set off in case that his counterclaims are legally established, accepted or are not denied by the Seller. The right of the Customer to set off with contractual and other claims arose from the creation or execution of this contractual relationship shall remain hereby unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.

(3) The customer agrees that the invoice will be transmitted to his email address provided when ordering or made available for download online; as an exception, the customer can request transmission in paper form.

§ 5 Payment terms

(1) The Customer can choose from various payment types for payment, all of which are common and free of additional charges. The Seller reserves the right to exclude certain terms of payment. The specific payment types available are exclusively determined by the selection options shown on our website during the order process; the following list does not establish any claim to a specific payment type if this is not displayed to the Customer during the order process.

(2) Payment type PayPal

If you select the payment type PayPal, you are automatically redirected to the online payment service PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, the PayPal Terms of Use apply, which the Customer can access at

https://www.paypal.com/cz/webapps/mpp/ua/useragreement-full?locale.x=en_CZ
https://www.paypal.com/cz/webapps/mpp/ua/legalhub-full?locale.x=en_CZ

or – if the Customer does not have a PayPal account, at

https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full

The payment amount is thus withdrawn from the Customer’s accunt via PayPal after placing the order by entering the required data and selecting the payment type offered by PayPal (direct debit, credit card, invoice).

(3) Payment type instant bank transfer

The payment option "instant bank transfer" is offered in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The customer's account is debited immediately after placing the order. If payment by instant transfer is not possible (e.g. for reasons of creditworthiness, for technical reasons, or because the amount limits have been exceeded), the seller can offer the customer an alternative settlement option.

Further information and terms of use of Klarna:

https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/en_de/user

General information about Klarna: https://www.klarna.com

(4) Payment type credit card

In case of payment by credit card outside of PayPal, the payment amount is withdrawn from the account provided by the Customer according to the contractual agreement between the Customer and the credit card company.

(5) Payment type iDEAL

(6) Payment type Apple Pay

The payment option “Apple Pay” is offered in collaboration with Apple Inc., Park Way, Cupertino, California, U.S. When the payment method Apple Pay is selected, the Customer is automatically redirected to his/her Apple Pay account during the order process. Payment is made by transfer after successful verification via Apple Pay. The payment amount is therefore debited directly from the Customer’s account when the transfer is carried out. More information about Apple Pay can be found at:

https://www.apple.com/uk/apple-pay/

(5) Information about the payment methods and any costs incurred for the selected payment type can be found under the overview of payment methods on our website.

§ 6 Delivery

(1) The Seller delivers only to the countries specified in the Shipping costs overview (delivery restrictions) subject to the restrictions or delivery methods indicated there. The same information can be additionally accessed via the “Virtual shopping basket”.

(2) The delivery time for deliveries shall be indicated on the respective offer site. The beginning of the delivery period shall be determined (depending on the selected payment method) under paragraph 3 to 5.

(3) In case of payment in advance pre cash / bank transfer credit card, iDEAL, bancontact, Klarna instant funds transfer or PayPal, the delivery period begins one day after the payment order. The delivery period for all other payment types commences one day after placing the order.

(4) In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.

(5) A delivery period of 2-4 workdays applies for deliveries outside of Germany. The beginning of the delivery period shall be governed by section 3.

(6) Concerning the subject to correct and punctual supply the Seller refers to § 2 (4) of these Terms and Conditions.

(7) The Seller is entitled to deliver in partial deliveries, taking into consideration that any conflicting interests of the Customer are not affected. In case a partial delivery, no additional costs will be originated for the Customer.

§ 7 Statutory right of withdrawal

(1) Information regarding the statutory right of withdrawal can be found under Cancellation right.

(2) Further non-binding indications concerning return:

With respect to the return of the item(s), you may use our RETURN process which you can find here.

The conditions referred in this paragraph are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 VOLUNTARY CONTRACTUAL 100-DAY RETURN RIGHT FOR CONSUMERS

(1) Consumers may return the received goods without giving any reason within 100 days after receipt of the goods by returning the goods. The timely dispatch of the goods is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary right of return is that the goods are in their original condition and complete. The goods must be returned without damage and in proper packaging, including all labels and transport protection materials. If reasonable, the packaging provided for the outbound shipment shall be used for the return shipment.

The return must be sent to:

Bergfreunde GmbH, c/o Rhenus Warehousing Solutions, Colemanstrasse 11, 35394 Gießen - Germany

(2) Return Costs:
For consumers in Germany and Austria we offer free returns, otherwise the consumer must pay the return costs. The seller offers a convenient return label service. Information in this regard as well as concerning any return costs that are owed can be found here. The purchase price is reimbursed using the payment method used for the original payment, no later than within 30 days after we have received the returned goods.

(3) The existing statutory cancellation right as well as other legal warranty rights of the customer remain unaffected by the above rules regarding the voluntary contractual return policy.

§ 9 Passing of risk

(1) In case of Consumers, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Consumer at the time of the handover of the goods to the Customer. This also applies in case of sending purchases.

(2) In case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Entrepreneur once the goods have been given to the shipper, carrier or to the forwarding agent or company.

(3) This shall apply even if the Customer is in default of acceptance.

§ 10 Warranty

(1) The Customer has a statutory right of warranty.

(2) The delivered products can slightly diverse from the products shown on the internet. § 2 (1) from these Terms and Conditions refers to it.

(3) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.

(4) Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice. §377 HGB (German Commercial Code) is valid for merchants.

(5) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.

(6) The warranty period for Consumers amounts two years from delivery of the product. Deviations of the warranty period for Entrepreneurs: A year from delivery of the product. The warranty period also amounts a year from delivery of the product in case of used goods. The one-year-old warranty period does not apply when the Seller is accusable of gross culpability or fraudulent intent, further not in case of personal injury, impairment to health and death of the Customer, in case of a guarantee as well as in case of a delivery recourse in accordance with §§ 478, 479 BGB (German Civil Code). The liability of the Seller according to the Product Liability Act remains unaffected.

(7) The Seller hands no guarantees in the legal sense over the Customer. Manufacturer's guarantees remain unaffected.

§ 11 Liability

(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, the Seller is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.

(2) The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Supplier is accusable of personal injury, impairment to health and death of the Customer.

(3) The Seller is only liable for the own contents of his online shop on the website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.

(4) The Customer is responsible for independently installing the updates regularly provided for digital products by the manufacturer or the Seller (particularly software security updates) within a reasonable period stipulated in the update notification. Any liability of the Seller for product defects which are solely due to the lack of this update after the deadline specified for installation is hereby excluded.

§ 12 Final Clause, arbitration

(1) This agreement shall be governed by the laws of the Federal Republic of Germany. Concerning Consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considered if this allowed protection were detracted through the Consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. § 14 (12) TDSG (German Tele Services Data Protection Act) remains. The contract language is German.

(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Seller’s business location has its seat, provided that an exclusive jurisdiction is not given. The Seller is also entitled to sue the merchant at his residence or place of business Court. The competence remains unaffected due to an exclusive jurisdiction.

(3) We are obligated to inform you that the European Commission is providing a relevant online platform for so-called online dispute resolution. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/. We are furthermore obligated in this context to provide you with our email address. The email address is the following: service@bergfreunde.eu.

(4) We always do our best to mutually resolve any disagreements with the customers that arise from exiting contracts. However we would like to point out that we are not obliged to take part in a consumer arbitration process (in accordance with VSBG) and also unfortunately don't offer participation in such a process to our customers.

Further Information


Version March 2024

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