Conditions of sales
GENERAL TERMS AND CONDITIONS
The BERG & KRAFT GMBH for the online shop at WWW.BERGUNDKRAFT.COM
Last updated: 01 February 2022
§ 1 SCOPE OF APPLICATION
1.1 The business relationship between BERG & KRAFT GMBH (hereinafter referred to as "BERG & KRAFT") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions of Business (hereinafter referred to as "GTC") in the version valid at the time of the order. BERG & KRAFT will not accept any deviating terms and conditions of the purchaser without the express written consent of BERG & KRAFT.
1.2 The purchaser is a consumer insofar as the purpose of the ordered deliveries cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 CONCLUSION OF CONTRACT
2.1 The placing of an order in the BERG & KRAFT Online Shop constitutes an offer to BERG & KRAFT to conclude a sales contract. However, the offer can only be submitted and transmitted if the purchaser has accepted these GTC and the data protection declaration and thereby included them in his application. If the purchaser places an order in the online shop, BERG & KRAFT will send the purchaser an e-mail confirming receipt of the order by BERG & KRAFT and listing its details (confirmation of receipt) and which the purchaser can print using the "Print" function. This confirmation of receipt does not constitute an acceptance of the offer, but is only intended to inform the purchaser that his order has been received by BERG & KRAFT. A sales contract is only concluded when BERG & KRAFT ships the ordered product to the purchaser. No sales contract is concluded for products from the same order that are not listed in the shipping confirmation. The past orders of the purchaser can be viewed in the customer login. The contractual partner is Berg & Kraft GmbH, Bahnhofstrasse 10, 6056 Kägiswil, Switzerland.
2.2 BERG & KRAFT does not offer any products for purchase by minors. Even products for children (e.g. children's drinking bottles) can only be purchased by adults.
2.3 All products are sold only in normal household quantities. This refers both to the number of products ordered as part of a single order and to the placing of several orders for the same product for which the individual orders comprise a normal household quantity.
§ 3 REVOCATION INSTRUCTION
If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) (see also § 1, paragraph 2 of these AGB), he has the following statutory right of revocation:
3.1 Right of revocation
The customer has the right to revoke the contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the day on which the Purchaser or a third party other than the carrier designated by him has taken possession of the goods or, if several goods ordered by the Purchaser under a single order are delivered separately, on the day on which the Purchaser or a third party other than the carrier designated by him has taken possession of the last goods.
In order to exercise his right of withdrawal, the purchaser must inform BERG & KRAFT of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).
The revocation is to be addressed to:
Berg & Kraft GmbH
Bahnhofstrasse 10
6056 Kägiswil
Switzerland
In the event that the revocation declaration is sent by e-mail, it must be addressed to:
E-mail address: info@bergundkraft.com
In order to comply with the revocation period, it is sufficient for the customer to send notification of the exercise of the right of revocation before the expiry of the revocation period.
3.2 Consequences of revocation
If the purchaser cancels the contract, BERG & KRAFT shall reimburse him immediately and at the latest within fourteen days of the date on which BERG & KRAFT receives notification from the purchaser that the contract has been cancelled, all payments received by BERG & KRAFT from him, including delivery costs (with the exception of additional costs arising from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by BERG & KRAFT). For such repayment BERG & KRAFT shall use the same means of payment as used by the purchaser in the original transaction, unless expressly agreed otherwise; in no event shall the purchaser be charged for such repayment.
BERG & KRAFT may refuse repayment until it has received the goods back.
The purchaser must return or hand over the goods to BERG & KRAFT immediately and in any case within fourteen days of the date on which he notifies BERG & KRAFT of the revocation at the latest. The return shall be sent to the following address:
International Consignments:
NATURE'S DESIGN PRODUCTS
c/o Löwe Versandhandels GmbH
Forstweg 1
29559 Bollensen
Germany
Swiss shipments:
Berg & Kraft GmbH
Bahnhofstrasse 10
6056 Kägiswil
Switzerland
This period shall be deemed to have been complied with if the Buyer dispatches the goods before expiry of the period of fourteen days.
- End of the revocation instruction -
3.3 Sample withdrawal form
If the purchaser wishes to withdraw from the contract, he can fill in the following form and return it to BERG & KRAFT. However, the form is not mandatory.
- To BERG & KRAFT GMBH, Bahnhofstrasse 10, 6056 Kägiswil, Switzerland or info@bergundkraft.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
- date
(*) Delete as appropriate.
§ 4 PRICES AND DELIVERY
4.1 All prices quoted in BERG & KRAFT's online shop are quoted in Euro or Swiss Francs and include the applicable statutory turnover tax. The prices at the time of the order apply.
4.2 The goods shall be dispatched from Switzerland and Germany within 2 - 3 working days and to Austria within 3 - 4 working days (Monday to Friday, excluding public holidays) after dispatch of the confirmation of receipt. Shipping to other countries takes place within 3 - 7 working days.
4.3 If BERG & KRAFT is unable to deliver the ordered goods through no fault of its own (e.g. due to force majeure or because a supplier/supplier of BERG & KRAFT does not fulfil its contractual obligations), BERG & KRAFT is entitled to withdraw from the contract with the purchaser. In this case, the purchaser will be informed immediately that the ordered product is not available and any payments already made by the purchaser will be refunded immediately.
4.4 The shipping risk shall be borne by BERG & KRAFT.
§ 5 TYPES OF PAYMENT, DUE DATES AND DEFAULT IN PAYMENT
5.1 The BERG & KRAFT online shop offers the following payment methods: Credit card (MasterCard, VISA), PayPal. Purchase on account is also offered in Switzerland. BERG & KRAFT reserves the right not to provide individual payment methods or to refer to other payment methods in individual cases.
5.2 With the exception of purchase on account, the invoice amount is due after 30 days. If payment is made by credit card, the invoice amount shall be debited from the credit card account at the time the goods are ordered.
§ 6 LIABILITY FOR DEFECTS
6.1 If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the purchaser is excluded.
6.2 Unless otherwise stated below, any further claims of the purchaser - irrespective of the legal grounds - are excluded. BERG & KRAFT shall therefore not be liable for any damage which has not occurred to the delivery item itself; in particular, BERG & KRAFT shall not be liable for lost profits or other financial losses of the purchaser. Insofar as the contractual liability of BERG & KRAFT is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
6.3 If BERG & KRAFT negligently violates an essential contractual obligation, the obligation to pay compensation for material damage shall be limited to the typically foreseeable damage. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose observance the Purchaser regularly relies, so-called "cardinal obligations". BERG & KRAFT shall not be liable for the slightly negligent breach of non-essential obligations arising from the contractual obligation.
6.4 The above limitation of liability shall not apply if the damage was caused intentionally or by gross negligence on the part of BERG & KRAFT or if personal injury has occurred. Furthermore, it shall not apply if the purchaser asserts legally regulated claims (in particular in accordance with the Product Liability Act) and in the event of the assumption of a guarantee.
6.5 The purchaser is obliged to take appropriate measures to prevent and mitigate damage.
6.6 In the event of subsequent performance by replacement delivery, the purchaser is obliged to return the goods delivered first to BERG & KRAFT immediately at the expense of BERG & KRAFT. The defective goods must be returned in accordance with the statutory provisions. BERG & KRAFT reserves the right to carry out subsequent performance only after receipt of the goods delivered first.
6.7 The warranty period is two years for consumers (cf. above § 1, paragraph 2 of these GTC) and one year for entrepreneurs (cf. above § 1, paragraph 2 of these GTC), calculated from the date of conclusion of the contract.
6.8 BERG & KRAFT shall not be liable for defects in the delivered goods caused by improper handling or alteration of the goods in a manner not approved by BERG & KRAFT. The same shall apply in the event that the purchaser has not complied with the regulations governing the treatment and care of the goods.
§ 7 SET-OFF, RETENTION
The purchaser shall only have a right of set-off if his counterclaims have been legally established or are undisputed by BERG & KRAFT. Furthermore, the purchaser shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 8 RETENTION OF TITLE
The delivered goods remain the property of BERG & KRAFT until the purchaser has paid in full.
§ 9 COLLECTION, PROCESSING AND USE OF PERSONAL DATA OF OUR CUSTOMERS
BERG & KRAFT collects personal data of the visitor or customer within the scope of visiting the online shop and executing orders. BERG & KRAFT particularly observes the regulations of the EU Data Protection Regulation (EU-DSGVO). For details, please refer to BERG & KRAFT's data protection declaration, which is available in printable form in the online shop at any time.
§ 10 CONSUMER DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution under the following link http://ec.europa.eu/consumers/odr/ In accordance with § 36 Paragraph 1, No. 1 of the Consumer Dispute Resolution Act (VSBG), we point out that BERG & KRAFT is neither prepared nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
§ 11 APPLICABLE LAW, PLACE OF JURISDICTION
The preparation, validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the purchaser and BERG & KRAFT Kägiswil shall be the place of jurisdiction.