General Terms and Conditions

for the online shop

Bergsteiger Handmade GmbH

Last updated: July 2020

1. Scope

These general terms and conditions (hereinafter referred to as “GTC”) of Bergsteiger Handmade GmbH, FN 477197k (hereinafter referred to as “BËRGSTEIGER”) apply to contractual agreements made in the web shop www.bergsteiger.store between BRGSTEIGER and private customers.

The version of the Terms that will apply to your order will be those on www.bergsteiger.store at the time you place your order. By placing an order, the customer agrees to these terms and conditions. These terms and conditions apply to all future business, even without another explicit agreement.

Changes and additions to the General Terms and Conditions as well as oral agreements that deviate from the content of these General Terms and Conditions only become effective with written confirmation by BËRGSTEIGER. BËRGSTEIGER explicitly objects any general business or purchasing conditions of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been explicitly agreed to in writing.

The terms and conditions are available in printable PDF format in the BËRGSTEIGER web shop www.bergsteiger.store.

2. Contract language

The contract language is German. All other information and tasks are offered in German.

3. Applicable law, jurisdiction and place of fulfilment

These terms and the contracts to be concluded are subject to Austrian law, with the complete exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory regulations in the country in which the costumer is resident stipulate otherwise. The legal place of jurisdiction applies.

4. Online dispute resolution platform

The EU Commission offers the possibility of online dispute resolution for consumer problems. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.

5. Privacy

It should be noted that for the fulfillment of the contract names, addresses, telephone numbers, fax numbers, e-mail addresses and payment modalities of the customer are stored by BËRGSTEIGER for the purpose of automated support (accounting, customer files). Customer data will not be passed on to third parties, except in cases where this is necessary to fulfill the order (to the executing delivery company). Customer data will not be passed on to third parties, except in cases where this is necessary to fulfill the order (to the executing delivery company).

6. Conclusion of contract

All offers from BËRGSTEIGER are invitations to the customer to make an offer. BËRGSTEIGER’s offers are non-binding. An order can only be made if the customer details are fully specified.

The customer’s order represents a binding offer by the customer to conclude a contract. After the order has been sent, a confirmation of receipt of the order is sent to the costumer by an automated e-mail (order confirmation). This order confirmation is not considered to be an acceptance of the contract. The contract only becomes legally effective when the order is confirmed by BËRGSTEIGER or when the service is actually provided to the customer.

7. Prices, shipping costs, due dates and default

The stated prices by BËRGSTEIGER are final prices (totals) and include any applicable delivery charge and value added tax (VAT) at the applicable statutory rate. The statutory value added tax and shipping costs are shown separately during the ordering process but are included in the final price.

Depending on the shipping zone, different prices apply (all shipping costs include statutory sales tax):

Shipping zone EU 1:

Austria, Hungary, Slovenia, Italy, Germany Standard delivery: € 4.90 Free shipping from € 50.00

Standard delivery: € 4.90
Free shipping from € 50.00

Shipping zone EU 2:

Czech Republic, Slovakia, Poland, Netherlands, Luxembourg, France, Belgium

Standard delivery: € 8.90
Free shipping from € 70.00

Shipping zone EU 3:

Cyprus, Bulgaria, Denmark, Estonia, Finland, Ireland, Croatia, Liechtenstein, Malta, Norway, Portugal, Romania, Sweden, United Kingdom

Standard delivery: € 10.90
Free shipping from € 80.00

Switzerland:

Standard delivery: 19.90 €

Third countries:

Ecuador, Chile, Argentina, Australia, United States of America (USA), Mexico, Israel, United Arab Emirates

Standard delivery: € 24.90

The purchase price falls due for prompt payment with the order made by the costumer unless otherwise agreed. Unless a discount has been expressly agreed, the customer is not entitled to deduct a discount.

BËRGSTEIGER accepts the following payment options:

Sofortüberweisung (Instant Bank Transfer)
The customer receives transfer data after ordering and the payment is processed by the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, subject to their terms of use, which can be viewed at https://www.klarna.com/at/.

Credit card(Mastercard, VISA, American Express)
The debit takes place immediately after ordering. The fees incurred are to be borne by the customer and payment is processed by the payment service provider Stripe Inc, 185 Berry Street, Suite 550 San Francisco, CA 94107, USA, subject to their terms of use, which can be viewed at https://stripe.com/at.

PayPal
The customer receives PayPal data after ordering. The Payment is processed by the payment service provider PayPal (Europe) S.a.r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com or – if the customer does not have a PayPal account – subject to the Conditions for payments without a PayPal account, available at https://www.paypal.com.

Klarna: Rechnung
When buying on account with Klarna, the costumers receives the products first and is granted a payment period of 14 days. The full terms and conditions for purchase on account can be found here .

iDeal
With iDeal it is possible to pay through the 10 largest Dutch banks: ABN AMRO, ASN Bank, Bunq, ING, Knab, Rabobank, RegioBank, SNS Bank, Triodos Bank and Van Lanschot.

Apple Pay (if available):
Apple Pay is Apple’s own payment method that is available to all Apple users. The actual payment method depends on the cards stored in the Apple Wallet app.

Any further (legal) claims remain unaffected. Offsetting own claims against those of BËRGSTEIGER is not permitted unless the claim is undisputed, has not been legally established or is not related to the customer’s liabilities.

8. Delivery

BËRGSTEIGER carries out the order without unnecessary delay. The exact delivery times are noted on the respective product page.

If the goods are not in stock, BËRGSTEIGER will notify the customer of the expected delivery date by email. The delivery address given by the customer is decisive for delivery, unless otherwise agreed. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not correctly specified the delivery address, the customer bears the costs for unsuccessful deliveries. BËRGSTEIGER reserves the right, at its own discretion, to send multiple orders either separately or collectively, especially if the ordered quantities are not available all at once. BËRGSTEIGER delivers to addresses in the following countries:

Austria, Hungary, Slovenia, Italy, Germany, Czech Republic, Slovakia, Poland, Netherlands, Luxembourg, France, Belgium, Cyprus, Bulgaria, Denmark, Estonia, Finland, Ireland, Croatia, Malta, Norway, Portugal, Romania, Sweden, United Kingdom , Switzerland, Ecuador, Chile, Argentina, Australia, United States of America (USA) and Mexico.

You can pick up the ordered goods yourself at the BËRGSTEIGER site.

If the goods are not of the desired quality or are broken on delivery, return shipping and any reimbursement are free of charge. If the costumer is not satisfied or the costumer’s order was incorrect, the customer bears the costs for the return.

9. Transfer of risk

The general statutory provisions governing the transfer of risk apply.

10. Disclosure duty

The customer must truthfully provide BËRGSTEIGER with all information and facts necessary for the provision of the service. BËRGSTEIGER shall be informed of any changes in circumstances, in particular changes to the customer’s data (name, address, email).

11. Cancellation policy

Customers who are to be regarded as consumers can withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. The instructions on the requirements and consequences of the revocation are given in the following revocation instructions:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier has or has taken possession of the goods or on which you or a third party named by you who is not the carrier has taken possession of the last goods, the partial shipment or the last piece. To exercise your right of withdrawal, you must contact us.

Bergsteiger Handmade GmbH

Johann Kamper-Ring 4

8075 Hart bei Graz

Österreich

E-Mail: info@bergsteiger.store

Phone: +4366005118548

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the cancellation deadline, it is enough for you to send your notification of exercising your right of cancellation before the cancellation period has expired. You bear the direct costs of returning the goods.

Consequences of withdrawal

If you withdraw from this contract, we will have returned all payments that we have received from you, including the delivery costs (with the exception of additional costs that might result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid 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 for the original transaction, unless something else was explicitly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You must return or send the goods to us (Bergsteiger Handmade GmbH, Johann Kamper-Ring, 8075 Hart bei Graz, Austria) immediately and in any case 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 the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is unnecessary to check the nature, properties and functionality of the goods.

Exceptions to the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of goods that are not prefabricated, and which were produced by an decisive individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer, and
  • Contracts for the delivery of goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, if the seal has been removed after delivery.

12. Retention of title

The delivered goods remain the property of BËRGSTEIGER until all claims from the contract including interest, discounts unjustifiably withheld by the customer or deductions not recognized by BËRGSTEIGER, costs incurred and the like, for whatever legal reason, have been paid.

As long as there is retention of title and not all claims have been settled in full, the customer undertakes to treat the goods with care and to comply with the due diligence. Pledging or transfer by way of security before full payment is excluded. Should the goods be seized or confiscated or otherwise accessed by third parties, the customer must point out the ownership of BËRGSTEIGER, inform them immediately and provide BËRGSTEIGER with all information and documents required to enforce the property right.

13. Warranty

The general statutory provisions of warranty law apply. The warranty is understood to mean BËRGSTEIGER’s statutory liability for defects that the purchased goods have at the time of delivery to the customer. Defects that only occur at a later point in time are generally not covered by the warranty. Warranty claims are to be asserted within a period of two years from the delivery, whereby BËRGSTEIGER must prove that the defect did not exist at the time of the delivery within the first six months from handover. BËRGSTEIGER is entitled to improve or replace in the event of a warranty. Only if the improvement or replacement is impossible or would involve a disproportionately high effort for BËRGSTEIGER or BËRGSTEIGER cannot comply with the request for replacement or improvement, or cannot comply with it within a reasonable period, the customer is entitled to a price reduction or conversion (complete cancellation of the contract).

14. Manufacturer Warranty

If a manufacturer has given a voluntary promise that the goods will function properly for a certain period of time (manufacturer’s guarantee), the manufacturer’s guarantees apply. The conditions and limitations of the respective manufacturer’s guarantees can be found in the respective guarantee provisions. The conditions and limitations of the respective manufacturer’s guarantees can be found in the respective guarantee provisions.

15. Liability

The general statutory liability provisions apply. Liability for slight negligence in the event of property damage is excluded. Claims for damages expire within 3 years from knowledge of the damage and the originator of the damage.

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

To

Bergsteiger Handmade GmbH

Johann-Kamper-Ring 4

8075 Hart bei Graz

E-Mail: info@bergsteiger.store

Phone: +4366005118548

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer (s): ………………………………………………………………………………………..

Address of the consumer (s): ………………………………………………………………………………………..

………………………………………………………………………………………..

………………………………………………………………………………………..

Signature of the consumer (s) …………………………………………………. (only with notification on paper)

Date ……………………………………………..

(*) Delete where inapplicable.

16. Photo contest

BËRGSTEIGER regularly gives away ten bracelets to the winners of the photo contest. Participation takes place by sending the image material to the e-mail “contest@bergsteiger.store” or using this form. Our team will select the ten most beautiful works and then contact the winners. By submitting the works to the contest, the participant agrees to the following condition:

  • The participant accepts the transfer of the rights of use of the works sent to Bergsteiger Handmade GmbH
  • The participant further assures that they are entitled to grant the contractual rights of use to the listed works.
  • The rights of use to the photographs are transferred as follows: simply, unlimited in time and unlimited in space. Bergsteiger Handmade GmbH receives permission to edit the named works. There is expressly no remuneration for the transfer of usage rights described here. The participant expressly consents to the processing of the participant’s personal data in connection with the contest or commercial use by Bergsteiger Handmade GmbH, whereby the participant can revoke this at any time.

17. Bonus gift system

From a certain order value on the homepage www.bergsteiger.store, BËRGSTEIGER includes free gifts with the order. Which gift is activated and when can be seen on the shopping cart page www.bergsteiger.store/cart and is structured in three stages: 1st gift: free shipping, 2nd gift: free product, 3rd gift: free product. The gifts are given cumulatively. If part of the order is returned and the value of the goods kept falls below the value from which the respective gift is activated, the gift must also be returned.

Terms and conditions

of BËRGSTEIGER Handmade GmbH

Last Updated: February 2018

1. Scope

Bergsteiger Handmade GmbH, Johann Kamper-Ring 4, 8075 Hart bei Graz, FN 477197k, Commercial Register Court Graz Regional Court (hereinafter referred to as “Bergsteiger”) operates an Internet platform under the domain www.bergsteiger.store. Via the platform, goods from sprd.net AG, Gießerstraße 27, 04429 Leipzig, Germany – hereinafter referred to as the “provider” – can be designed and purchased by private customers – hereinafter referred to as the “user”. Via the platform, goods from sprd.net AG, Gießerstraße 27, 04429 Leipzig, Germany – hereinafter referred to as the “provider” – can be designed and purchased by private customers – hereinafter referred to as the “user”.

These general terms of use (hereinafter GTC) of Bergsteiger apply in the version valid at the time of use.

Bergsteiger is not involved in the content of the contractual agreements between the provider and the user; in particular, Bergsteiger is not the agent or representative of the provider or the user. Bergsteiger is not the seller of the seller’s goods. For this reason, Bergsteiger is not responsible for legal transactions initiated via the Internet platform between the provider and the user. Bergsteiger’s performance and liability obligations are based on their activity as a mere operator of the Internet platform and are limited in accordance with the following regulations. By using the site, users expressly consent to these GTC.

Changes and additions to the GTC as well as verbal agreements that deviate from the content of these GTC are only effective with a written confirmation by Bergsteiger. Bergsteiger explicitly objects to any general terms and conditions of business or purchase proposed by the users. Conditions presented by the user that deviate from these GTC are not valid unless their validity has been explicitly agreed in writing.

2. Contract language

The contract language is German. All other information, customer services and complaint handling are offered in German.

3. Applicable law, place of jurisdiction, place of performance

These GTC are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention). The legal place of jurisdiction applies.

4. Registration and costs of use

In order to be able to use the full scope of the Internet platform, the user can register and create an account. After successful registration – which is done by truthfully entering the requested data – the user can log into their account. Bergsteiger must be informed of changes in relation to the data immediately or the user must ensure that the user data is up to date. Registration with incorrect data is not permitted and will result in immediate exclusion. Multiple registrations are prohibited. Bergsteiger gives the user the option of registering. Registration to order goods from the provider or goods that are sold by Bergsteiger himself is not mandatory. The license agreement comes into existence when the registration process is completed.

After registration, the user receives a confirmation email. The registration process is only completed once the user has successfully confirmed the confirmation.

The user is obliged to ensure and to take all necessary measures that the registration and access data are not made accessible to third parties. The user is also obliged to notify Bergsteiger immediately of any knowledge of data access by third parties and any improper use of the account. There is no entitlement to registration and use on the internet platform. Bergsteiger has the right to refuse registration without giving a reason. All data entered in the registration form up to this point will then be deleted by Bergsteiger.

The account may not be used for any (legally) improper purposes (e.g. contrary to valid legal and legal bases). Bergsteiger reserves the right to block or close the user’s account if there are legitimate reasons (e.g. violation of legal regulations, violation of third-party rights or violation of these terms of use or the respective terms and conditions, etc.). As soon as a user has been blocked, they are prohibited from registering with another account.

The user is entitled to cancel their account at any time. All that is required is a message from the user by email to Bergsteiger stating the relevant data. Registration and use of the Internet platform are free of charge for the user. The contracts concluded between the provider and the user as well as between Bergsteiger and the user remain unaffected by the termination of the usage contract.

The contracts concluded between the provider and the user as well as between Bergsteiger and the user remain unaffected by the termination of the usage contract. Any processing costs that have already been incurred will remain, regardless of a termination.

In the event of a conclusion of contract between the provider and the user, Bergsteiger will be reimbursed for the processing costs. These are already included in the final amount for offers from the provider.

5. Information requirements

The user must truthfully provide Bergsteiger with all information and facts necessary for the provision of the service.

The operator should be informed immediately of changed circumstances, in particular changes to the user’s data such as name, address, e-mail, etc. The user is particularly obliged to notify any changes of address immediately. The user is obliged not to provide any intentional or fraudulent false information in their profile or in any other areas of the Internet platform. Bergsteiger reserves the right to terminate the existing contractual relationship with immediate effect in such case.

6. Privacy

It is expressly pointed out that Bergsteiger processes and transmits corresponding personal data of the user with automated support. The exact scope of the data use can be seen in the data protection declaration. When using personal data, Bergsteiger observes the interests of the user and the data protection regulations based on the Data Protection Act.

The user explicitly consents to the processing of their specified data. The user can revoke their consent at any time in writing.

7. Online dispute resolution platform

The EU Commission offers the possibility of online dispute resolution for consumer problems. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr. This dispute settlement platform can be reached via the external link .http://ec.europa.eu/consumers./odr

8. User account

A user account on the Internet platform is intended exclusively for sole and personal use and a transfer of the user account to third parties is excluded.

The user also assures that they will not use the third-party data entrusted to them for commercial purposes, including advertising purposes, beyond the purpose of the platform.

The user undertakes not to misuse the Internet platform, in particular not to disseminate any defamatory, offensive, or otherwise illegal material or information.

Bergsteiger reserves the right to exclude the user from using the Internet platform with immediate effect if there are signs of improper use of the platform, in particular if the contracts concluded via the platform are not fulfilled.

9. Services of Bergsteiger

Bergsteiger offers the provider a marketplace for the presentation of goods via the Internet portal. Bergsteiger also offers the user the option of creating a personal profile or account and managing it accordingly.

Bergsteiger offers the user the opportunity to place a binding order for the goods posted by the provider. With regard to this contract, the terms and conditions of the provider must be observed. Bergsteiger is not the seller of the seller’s goods. The sale is processed directly with the provider.

10. Warranty and liability

Use of the platform is at the risk of the user. Bergsteiger is only liable for content that was created and published by Bergsteiger himself. Bergsteiger is not liable for the content of the individual users or the provider. Liability for the offers of the provider or the execution of the contract between the provider and the user by Bergsteiger is also excluded. Liability for damage in connection with the use of the Internet platform is limited to willful intent and gross negligence. Bergsteiger is not liable for property damage caused by slight negligence.

Bergsteiger is not liable for the content of the tenders or offers, the correctness and completeness of the data of other users or the provider, or their usability by the user or the provider. Liability for damage due to misuse of data by other users is excluded. Bergsteiger also assumes no responsibility for the content and correctness of the information in the login and profile data of the users, as well as for the other content generated by the users.

The operator is also not liable for warranty claims for goods ordered by the provider. Claims for goods ordered by the provider, such as warranty, guarantee or liability for defects, therefore exist exclusively against the provider.

The user shall be obliged to indemnify Bergsteiger against all claims and damages that were caused by improper registration or improper utilisation of the user.

11. Technical Availability and Force Majeure

The goal of Bergsteiger is to enable comprehensive availability of the Internet platform. Bergsteiger does not guarantee a minimum availability of the platform. This claim cannot be granted for technical reasons. Bergsteiger strives to continuously develop the Internet platform itself through extensions or improvements. This can lead to a temporary suspension of Bergsteiger’s services and limited availability of the platform. Events outside Bergsteiger’s sphere of influence can also lead to such a measure. If maintenance work is carried out that restricts the availability of the platform and the associated services, this will be displayed to the users. On behalf of the user, there may also be corresponding restrictions due to insufficient technical equipment and / or poor data quality via the Internet. Bergsteiger is entitled at any time to temporarily restrict the platform and its services if this is necessary for capacity reasons, for reasons of security or to carry out other technical measures.

If the platform cannot be accessed on the Internet for a certain period of time, no claims can be derived from this.

In relation to the user, Force Majeure or other unforeseen obstacles in the sphere of Bergsteiger releases them from compliance with the agreed obligations. In particular, operational and traffic disruptions, improper provision of services by sub-suppliers, transport interruptions or production stoppages count as force majeure. Bergsteiger is released from the obligation to provide the service for the duration of the above-mentioned hindrance, without the provider or user being entitled to a price reduction or other compensation.

12. Final provisions

The invalidity of one provision of these General Conditions of Use will not alter all other provisions. The invalid provision must be replaced by a permissible provision that is economically equivalent or similar.

Bergsteiger reserves the right to change these GTC any time and without giving reasons. The changed conditions will be sent to the user by email. The changes to the General Terms and Conditions are deemed to have been accepted unless the user objects within 4 weeks of submitting the changed condition. The objection must be sent to Bergsteiger by post or email.

13. Contact Information

BËRGSTEIGER Handmade GmbH

Johann Kamper-Ring 4

8075 Hart bei Graz

info@bergsteiger.store

Phone: +4366005118548

Legal form: limited liability company (GmbH)

Office: Political Municipality of Graz

FN 477197 k at Graz Regional Court