Terms of service

General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Terms for the Processing of Goods According to Specific Customer Specifications
9. Redeeming Promotional Coupons
10. Redeeming Gift Certificates
11. Governing Law
12. Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of BERGMENSCH GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of gift certificates, unless expressly provided otherwise.

1.3 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the items in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email.

2.3 The seller may 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 email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the customer’s receipt of the goods is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select the “PayPal Express” payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/ de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button that completes the order process, the customer simultaneously issues a payment order to PayPal. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.5 If the customer selects the “Amazon Payments” payment method, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, the customer simultaneously issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares its acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the text of the contract available in any other way. If the customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.7 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The contract may be concluded exclusively in German.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed 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 must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller’s online store.

4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/ de/webapps/mpp/ua/privacywax-full.

4.6 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account that has been activated for use with “SOFORT,” must authenticate themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is processed by “SOFORT” immediately thereafter, and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.8 If a payment method offered through the “Shopify Payments” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Shopify Payments are disclosed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer may be notified of these separately, if applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.9 If the “PayPal Invoice” payment method is selected, the seller assigns its payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to deny the customer the “PayPal Invoice” payment method in the event of a negative credit check result. If PayPal approves the “PayPal Invoice” payment method, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer may only make payment to PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos. In addition, the General Terms of Use for PayPal’s “Buy Now, Pay Later” service apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.10 If the “PayPal Direct Debit” payment method is selected, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the pre-notification period has expired. “Pre-notification” refers to any communication (e.g., invoice, policy, contract) sent to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank account information was provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective financial institution as a result of the chargeback, provided the customer is responsible for this.

4.11 If a payment method offered through the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be found in the seller’s payment information, which is available at the following web address:

https://bergmensch.store/pages/zahlungsmethoden

5) Delivery and Shipping Terms

5.1 Goods are shipped to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set forth in the seller’s cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 Pickup by the customer is not possible for logistical reasons.

5.4 Gift certificates are provided to the customer as follows:

• by email
  
  Addendum to the General Terms and Conditions (GTC) of bergmensch.de: Loss and Tracing Requests

1. Selection of a Drop-Off Location for DHL Deliveries
   If the customer selects the “Drop-off Location” option for delivery via DHL, the customer agrees that the sender (bergmensch.de) and DHL are released from any liability for loss or damage occurring after the package has been dropped off. The customer bears the risk of loss or damage occurring after delivery to the selected drop-off location.
2. Loss or Damage to Packages

Loss

If a package does not arrive or is lost during shipping, we will contact the customer immediately to find a solution. At the customer’s request, we, as the sender, will file an inquiry with DHL and actively monitor the process.

Damage

If a package is damaged during shipping, we ask the customer to immediately fill out the following damage report and drop off the package at a DHL branch.

Depending on the specific circumstances, our commitment to finding a solution may include:

• a refund of the purchase price,
• reshipping the item, or
• another customized solution agreed upon with the customer.

3. Note on Investigations
The investigation process requires processing time by DHL, which can typically take up to several weeks. We ask customers to provide us with all necessary information and documentation to assist with the process.

4. Limitation of Liability
Our liability is limited to the time up to the handover of the package to the shipping provider (DHL). Any further claims for loss or damage after delivery are excluded, unless otherwise expressly agreed.

6) Retention of Title

If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

8.1 If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific instructions, the Customer must provide the Seller with all content required for such processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, including, but not limited to, copyrights, trademark rights, and personality rights.

8.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the amounts prescribed by law. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Redemption of Promotional Coupons

9.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter “Promotional Coupons”) may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Individual products may be excluded from the promotional voucher offer if a corresponding restriction is specified in the terms of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent application of the voucher is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

9.6 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.7 The balance of a promotional coupon will not be paid out in cash nor will it accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Redemption of Gift Certificates

10.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

10.2 Gift certificates and any remaining balance on gift certificates are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

10.3 Gift certificates can only be redeemed before the order process is completed. Subsequent application of the credit is not possible.

10.4 Multiple gift certificates may be redeemed for a single order.

10.5 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.

10.6 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.7 The balance of a gift certificate will not be paid out in cash nor will it accrue interest.

10.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller has knowledge of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13) Alternative Dispute Resolution

13.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

13.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.