Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Liability for Defects
  7. Applicable Law, Place of Jurisdiction

1) Scope

1.1 These General Terms and Conditions of the provider, operating under "Bergkraft" (hereinafter "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After entering their personal data, by clicking the button that concludes the ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart.

2.3 The Seller can 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), whereby the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these General Terms and Conditions after the Customer has sent their order. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account, by providing the corresponding login data, provided that the Customer created a customer account in the Seller's online shop before sending their order.

2.6 Before placing a binding order via the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

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

2.8 The order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 The prices indicated by the Seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is made within Switzerland, but the Customer makes the payment from a country other than Switzerland.

4.3 The Customer has various payment options available, which are indicated in the Seller's online shop.

4.4 If advance payment is agreed, payment is due immediately after the conclusion of the contract.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Shopify may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately notified. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant transfer. Payment is made to Klarna in each case. Further information and Klarna's terms of use can be found here: https://www.klarna.com/ch/agb/

5) Delivery and Shipping Terms

5.1 Goods are regularly delivered by shipping to the delivery address specified by the Customer. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.

5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover of the goods for shipment or upon delivery to the commissioned transport person.

5.4 Self-collection is not possible due to logistical reasons.

6) Liability for Defects

Statutory liability for defects applies.

7) Applicable Law, Place of Jurisdiction

7.1 If the Customer acts as a consumer, Swiss law applies to all legal relations between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's domicile.

7.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's domicile or registered office.