General terms and condizions (GTC)
For the contractual relationship between BERGILA GmbH, hereinafter referred to as BERGILA, and the consumer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. All contracts between Bergila and the consumer are generally subject to Italian law. For sales to consumers within the meaning of the Consumer Protection Act, these terms and conditions only apply insofar as other provisions do not necessarily have to be applied within the meaning of the relevant Consumer Protection Act. In particular, for all disputes with the consumer arising from the contractual relationship, Article 66-bis of the Italian Consumer Protection Act (Codice del consumo - D.Lgs. No. 206 of September 6, 2005 as amended) applies, if applicable.
BERGILA sells its goods free from its warehouse in Falzes (BZ) - Italy. The prices quoted are in euros, including the statutory VAT, excluding transport and shipping costs.
Unless otherwise agreed, the transport costs will be charged additionally to the consumer.
The goods remain the property of Bergila until they have been paid for in full. In the case of late payments according to the agreed payment deadlines, the consumer or the buyer, from the date of issue of the invoice until it has been paid in full, shall be charged interest on arrears for the entire period of delay in payment in accordance with Art. 4 and 5 of the D.Lgs. No. 231 of October 9, 2002 in the current version owed.
Unless otherwise stated or agreed, illustrations, dimensions, weights or other performance data are non-binding. BERGILA reserves the right to deviate from the contractually agreed quality of the products insofar as such deviations are customary in the trade or represent an improvement for the end customer.
Misspelling, misprint and miscalculations remain reserved.
The consumer has to declare complaint files because of shipping damage immediately after receiving of the goods in a written form to us from BERGILA, and not later than within 3 days of receipt of the goods. If some deficiency occurs of the goods, the consumer can just demand the exchange of those specific goods for the moment. The consumer has the right to rescind the contract, request replacement delivery or the reimbursement of the purchasing price, if a replacement delivery through BERGILA is not possible or combined to disproportionately high effort or the replacement delivery delays over an appropriate period of time.
The consumer has the right to cancel the contract within fourteen days without stating any reason. The cancellation period amounts to fourteen days from the day, on which the consumer or a third party named by the consumer, which is not the carrier, took in possession the last goods. In order to make use of the cancellation right the consumer has to inform BERGILA GmbH, Weiherplatz 8, I-39030 Pfalzen, Italien, Tel. +39 0474 565373 email@example.com with a clear and unmistakable explanation about the decision to cancel the contract (e.g. email).
The consumer does not have the right of withdrawal for goods, which can spoil quickly or whose expiration date can quickly be exceeded; goods, which are delivered sealed and for reasons of health protections or hygiene are not suitable for return, as far as the sealing has been removed after delivery.
When exercising the right of withdrawal, the consumer shall bear the costs directly associated with the return of the goods to BERGILA.
If the consumer cancels the contract, we from BERGILA have to refund all the payments, including the shipping costs, which we received from the consumer, immediately and latest within fourteen days, from the day the notice about the revocation of the contract was received by BERGILA. For the refund the same payment method as the consumer has used for the original transaction will be used, unless BERGILA and the consumer have both agreed on another payment method. We from BERGILA can refuse the refund until we received the goods back or until the consumer can provide evidence of sending the goods back to us.
Complaints and Dispute Settlement
The European Commission provides a platform for out-of-court dispute settlements. This provides European consumers the opportunity to resolve disputes associated with online orders without bringing in the court. The dispute resolution platform is accessible on the following external link http://ec.europa.eu/consumers/odr/ You can only use this service if you live in the European Union and the also the merchant is settled in the European Union.
We from BERGILA declare not to be obligated in the participation in such a dispute settlement, though. We from BERGILA are endeavored to find a mutual solution in case of any differences in opinion with our customers.
If you are not pleased with any of our products, please do not hesitate to get in contact with us through firstname.lastname@example.org or call +39 0474 565 373.