For the business relation between BERGILA GmbH, hereafter referred to as BERGILA, and the consumer the following general terms and conditions apply exclusively, in their valid version at the time of order.
For the sale to the costumer in terms of the consumer protection law the here stated general terms and conditions only remain valid in that, as the consumer protection law does not imperatively provide other terms and conditions. In particular, for all cases of dispute with the costumer arising from the contractual relationship article 66-bis of the consumer protection law remains valid.
We from BERGILA sell our products ex works from our warehouse in Pfalzen. The stated prices are in euro, including the required by law value added tax (VAT), excluding the shipping costs. Unless agreed otherwise, the shipping costs will be added to the invoice of the costumer.
The goods remain our property until the costumer has paid the full amount of the invoice. In case of a delayed payment as agreed, we charge the consumer the legal interest payable for the whole period of insolvency until the full amount of the invoice has been paid.
Misspelling, misprint and miscalculations remain reserved.
The consumer has to declare complaint files because of shipping damage immediately after receive 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 protected] with a clear and unmistakable explanation about the decision to cancel the contract (e.g. a letter sent by post or 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.
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 [email protected] or call +39 0474 565 373.