GENERAL TERMS AND CONDITIONS

General Terms and Conditions

1 Scope of application

The following terms and conditions apply to all orders placed via our online store.

Our online store is aimed exclusively at consumers.

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

2 Contractual partner, conclusion of contract

The purchase contract is concluded with Bergwelt GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

When the contract with us is concluded depends on the payment method you have chosen:

Klarna invoice and financing, Klarna invoice

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Credit card

When you place your order, you also send us your credit card details. After you have been legitimized as the legal cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.

PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.

Immediately

After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.

Amazon Pay

During the order process, you will be redirected to the website of the online provider Amazon before completing the order process in our online store. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online store, where you can complete the order process. After placing the order, we will ask Amazon to initiate the payment transaction and thereby accept your offer.

3. contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our GTC by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.

4. terms of delivery

Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

5. payment

The following payment methods are available in our store:

Credit card

When you place your order, you also send us your credit card details.

Once you have been legitimized as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after you have placed your order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.

PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions 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 the payment instruction to PayPal.

If you have selected the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimize yourself with your access data. 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 the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as the legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

If you have selected the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal about the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate 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 order process.

If you have selected the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After a successful address and credit check and submission of the order, we will assign our claim to PayPal. In this case, you can only make payment to PayPal with debt-discharging effect. In addition to our GTC, PayPal's GTC and privacy policy apply to payment processing via PayPal. Further information and PayPal's full terms and conditions for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Immediately

After placing your 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 an online banking account with PIN/TAN procedure activated for participation in Sofort, legitimize 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 order process, you will be redirected to the website of the online provider Amazon before completing the order process in our online store. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize yourself with your access data. There you can select the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store where you can complete the order process.

Immediately after the goods have been dispatched, we will ask 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 and financing via Klarna

In cooperation with Klarna AB(www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account and installment purchase as a payment option.

Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.

Klarna installment purchase

With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). You can find more information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

Klarna invoice

When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.

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 for consumers and that payment must be made to Klarna.

When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days.

You can find the full terms and conditions for purchase on account here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.

6. transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

7 Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following applies to used goods: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

The above restrictions and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

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

- in the event of intentional or grossly negligent breach of duty or fraudulent intent,

- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

- within the scope of a guarantee promise, if agreed or

- insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online store.

8 Liability

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

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

- in the event of intentional or grossly negligent breach of duty,

- in the case of warranty promises, if agreed, or

- insofar as the scope of application of the Product Liability Act is opened up.

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

9. revocation instruction

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us

Bergwelt GmbH

Sonnenhof 4

71546 Aspach

E-mail: shop@bergwelt-aspach.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Tickets are generally excluded from return and exchange.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to the above address immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

10. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

The general consumer arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.