Terms of service

1. Scope of application

The following terms and conditions apply to all orders placed by consumers and companies through our online store.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. A company is any natural or legal person or a partnership with legal capacity that acts in the exercise of their trade, business or profession when entering into a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

These General Terms and Conditions shall also apply exclusively if BERGERLIN provides deliveries or services that deviate from these General Terms and Conditions without reservation.

Working days are all weekdays except Saturdays, Sundays and public holidays in the federal state of Bavaria.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with Bergerlin GmbH, Theresienstr. 56a, 80333 Munich (hereinafter “BERGERLIN”).

The placement of products in the online store does not constitute a legally binding offer, but rather an invitation to order (invitation ad offerendum). You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The customer's order of the goods, which is placed by clicking the “ADD TO CART” button and by separately clicking the “BUY NOW” button, constitutes a legally binding offer by the customer to conclude a purchase contract. BERGERLIN is not obliged to accept the customer's offer. Immediately after submitting the order, you will receive another confirmation by email.

The confirmation of receipt of the order is sent immediately after the order is sent and does not yet constitute an acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.

3. technical steps to conclude the contract and correct input errors

As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity or remove selected goods at any time. If you have placed goods in the shopping cart, you can click on the “Next” buttons to get to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page will open where you can check your information. You can correct input errors (e.g. regarding payment method, data or the desired quantity) by clicking on “Edit” in the respective field. If you wish to cancel the order process completely, you can simply close your browser window. Otherwise, after clicking the “BUY NOW” confirmation button, your declaration will become binding in accordance with Section 2 of these terms and conditions.

4. Contract language, storage of the contract text

The language available for concluding the contract is German.

We save the contract text and send the order data to the customer by email. The customer can view the GTC at any time here at www.Bergerlin.de.

The customer can view past orders in their customer account.

5. Delivery terms

We deliver the goods free of shipping costs. If, in exceptional cases, shipping costs are incurred, these are listed in the product description and are shown separately on the invoice.

BERGERLIN only delivers by mail order. Unfortunately, it is not possible to pick up the goods yourself.

BERGERLIN delivers domestic orders within the time specified on the product page. In case of delivery delays, the customer will be informed immediately.

6. Payment terms

The purchase price is due immediately upon ordering. In our shop, the following payment methods are available to you:

Credit card

When you place an order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is automatically carried out and your card is debited.

SEPA direct debit

When you place an order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited before the goods are shipped. The period for the advance notice of the date of the account debit (so-called prenotification period) is 1 day.

PayPal, PayPal Express

During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered there or register first and legitimize with your access data in order to be able to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

If you have selected credit card as your payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your identification as the rightful cardholder by your credit card company at PayPal's request, and your card will be debited. You will receive further instructions during the ordering process.

If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you authorize PayPal to collect the direct debit. PayPal will inform you about the date of the debit (so-called prenotification). Once the direct debit mandate has been submitted immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

If you have chosen the invoice payment method, you do not need to be registered with PayPal to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with debt-discharging effect. In addition to our terms and conditions, PayPal's terms and conditions and privacy policy apply to payment processing via PayPal. Further information and PayPal's complete terms and conditions for purchase on account can be found here.

Sofort by Klarna

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online store. In order to be able to process the ordering process and pay the invoice amount via Amazon, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online store, where you can complete the order process. Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

Purchase on account via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case. When you purchase on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.

Invoice

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

Cash payment on collection

You pay the invoice amount in cash upon collection.

7. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. No voluntary right of withdrawal is granted to companies.

8. Retention of title

The goods remain our property until full payment has been received.

The following applies additionally for entrepreneurs: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of any combining or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

9. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you are helping us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. The duty of examination and notification regulated in § 377 HGB applies between merchants. If you fail to provide the notification regulated therein, the goods shall be deemed approved, unless the defect is one that could not be detected during the examination. This does not apply if we have fraudulently concealed a defect.

10. Warranty and Guarantees

If the goods purchased and delivered in our online shop are defective, you as a consumer are entitled, within the framework of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.

The limitation period for warranty claims for the delivered goods is two years from receipt of the goods for consumers. Claims for defects that we have fraudulently concealed shall become time-barred within the regular limitation period. You shall also be entitled to rights arising from defects within the scope of a guarantee of quality and/or durability, provided that we have expressly provided such a guarantee with regard to the sold item in individual cases.

When consumers purchase used goods, the following applies: if the defect occurs more than one year after delivery of the goods, claims for defects are excluded.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With regard to entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to be an agreement on the nature of the goods; we do not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a warranty to companies at our discretion, either by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

11. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or agents

• in the event of injury to life, limb or health

• in the event of intentional or grossly negligent breach of duty

• in the event of guarantee promises, insofar as agreed, or

• insofar as the scope of application of the Product Liability Act is established.

In the event of a breach of material contractual obligations, the fulfillment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

12. Dispute resolution

The European Commission provides a platform for online dispute resolution, which you can find here.

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Applicable law; place of jurisdiction

If you are a consumer, the law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention, if

(a) you have your habitual residence in Germany, or

(b) your habitual residence is in a state that is not a member of the European Union.

In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

If you are a consumer and had your domicile or usual place of residence in Germany when the contract was concluded and have either relocated it from Germany by the time we file a lawsuit or your domicile or usual place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the location of our company headquarters.

If you are a business, German law shall apply to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between us and you is our place of business.