General terms and conditions & cancellation policy
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Liability for Defects
7. Third-Party Infringement Indemnification
8. Redeeming Vouchers
9. Applicable Law1
10.Invoice
1. Scope
1.1 These general terms and conditions (hereinafter "GTC") of "bergkindl'" (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller's online shop goods and/or services shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process .
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2. Conclusion of contract
2.4 If the customer selects "PayPal" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process, in deviation from Section 2.3.
2.5 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e-mail) together with the present General Terms and Conditions after the order has been sent.
2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of Withdrawal
Cancellation policy & right of return
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or one of
A third party other than the carrier and named by you who has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us
bergkindl'
Mrs Ariane Wontke
village street 1d
85591 Vaterstetten
Email: info@bergkindl.de
Tel.089-92581523
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this, but it is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the
Submit the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including the costs of delivery (except for the additional costs which
result from the fact that you have chosen a different type of delivery than the inexpensive standard delivery offered by us), immediately and at the latest within fourteen
days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, depending
whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs 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 nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has various payment options available, which are specified in the seller's online shop.
4.4 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.5 If you select the "PayPal" payment method, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires i.a. requires that the customer opens a PayPal account or already has such an account.
4.6 If the payment method delivery on account is selected, 50% of the total amount of the invoice is due immediately, the rest of the purchase price must be paid by the customer immediately after receipt of the goods. The invoice payment method is only possible after prior written agreement with the seller. Please note that we do not send paper invoices for environmental reasons. If you need an invoice, please let us know and we will send it to you by email.
5. Terms of delivery and shipping
5.1 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address given in the purchase process by the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .
5.3 In the case of collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
5.4
Registered with "LUCID" Central Office Packaging Register
6. Liability for Defects
The statutory liability for defects applies
6. Liability for Defects
The statutory liability for defects applies
7. Third-Party Infringement Indemnification
If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9. Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Invoice
To protect the environment, we do not send paper invoices.
If you need an invoice, please let us know after you have placed your order
then email them to you.
