These are the terms and conditions governing the use of this website and the agreement that operates between us (BERG / Vendor / us / we / our) and you (User/ You / Your). These Terms set out the rights and obligations of all users and those of BERG in relation to the goods/services offered by us through this website or any of the other websites to which we may link (BERG Services).
Before You click on the "CONFIRM ORDER" button at the end of the ordering process, please carefully read these Terms. By using this website or placing an order through it, You are consenting to be bound by these Terms. If You do not agree to all of the Terms, do not place an order. These Terms may be subject to amendment, so You should carefully read them prior to placing any order.
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
You agree that, by placing your order, You accept these Terms without reservations, having read them.
You agree that:
- You may only use the website for legitimate purposes or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/ or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.
- If You fail to give us all of the information that we require, we may not be able to complete your order.
By placing an order through the website, You warrant that You are at least 18 years old and are legally entitled to enter into binding contracts.
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the "CONFIRM ORDER" button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us.
All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Shipment Confirmation.
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any monies that You might have paid.
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.
If You are contracting as a consumer, You may cancel a Contract at any time within 14 days from date of product delivery. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 12).
Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions and packaging. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded.
Please take good and reasonable care of the products whilst in your possession. Original boxes, instructions and wrappings should be retained and used for the return of the products.
Further details of this statutory right and an explanation on how to exercise it are set out in clause 12 of these Terms. This provision does not affect your statutory rights as a consumer.
Subject to availability (see Clause 4 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.
Reasons for delay could include:
- Specialized items;
- Unforeseen circumstances;
- Delivery area;
If for any reason whatsoever, we cannot meet the delivery date, You will be have a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
Transport is free shipping on purchases over 99€.We currently ship to the following countries:
Note: There may be additional shipping costs on orders over 3 kg. If so, the extra cost will appear when you choose the delivery method.
If we are unable to deliver the goods after one attempt, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You get her.
The Products will be at your risk from the time of delivery. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such. The prices displayed on our website include VAT (where applicable) but exclude delivery costs, which will be added to the total amount due.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in this Clause, changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this click the VIEW BASKET button at the top of the page.
- Click the GO TO CHECKOUT button.
- Fill in or check your contact details, your order details, invoicing address, delivery address, transport charges and payment method.
- Click CONFIRM ORDER button.
- Proceed with Payment.
Payment can be made by Visa, MasterCard, American Express and Discover cards, by using a PayPal account, by using Multibanco, Boleto Bancário, Pay Shop. We use PayPal Business services and HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to deal with all our credit card and PayPal payments. For further information or to know PayPal or HI Media policies please seehttps://www.paypal.com and https://www.hipay.com/ Authority for payment must be given at the time the order is made. By paying You are confirming that the Card or the account is yours. The amount authorized by You will be charged in this moment.
Cards are subject to validation checks and authorization by your Card issuer. If the required authorization is not received, we will not be liable for any delay or non- delivery.
Pursuant to the prevailing rules and regulations in force, purchases done through the web site are, where applicable, subject to the Value Added Tax (VAT).
Presented prices for final consumer, be it an individual or a company registered, include where applicable the Value Added Tax (VAT).
General Return policy
If You wish to return a product(s), You must arrange a Courier to pick the product at your address. You should contact our Customer Service through our web form to arrange the return.
You should send the product in the same package you received it. You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents and wrappings when returning the product(s) and returning the product(s) in the same condition as received.Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against You for breach of statutory duty.In case You are responsible for returning the product to without our agreement, we will be entitled to not paying this return cost or to charge . If You have any doubts You can contact us through our web form.
You have up to 30 days after product delivery to cancel your order, no questions asked (other than in respect of goods made to your specification or that are clearly personalised). You will be charged on transport costs (delivery and return charges). Return charges will be the same as delivery charge.
Return of non-conforming products
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form with details of the product and its damage. Upon receipt of the product, we will fully examine it and notify You of your right to a replacement or refund (if any) via email within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to You via email that You are entitled to a refund or replacement. Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make payment.
We will process your refund as soon as possible (and in any case, within 30 days of giving us notice of cancellation). We will refund any money using the same method used to make payment.
THE PROVISIONS SET OUT IN THIS CLAUSE DO NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS.
We respect your privacy. Any and all information collected on this site will be kept strictly confidential and will not be sold, disclosed to third parties or reused without your permission. Any information you give to us will be held with care and will be used solely for the purpose of filling your online order.
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by your negligence;
- For fraud or fraudulent misrepresentation;
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to us should be given to us via our web form. Subject to and as otherwise specified in clause 16 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The Contract between You and us is binding on You and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- Tacts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
Contracts for the purchase of products through our site will be governed by Portuguese law. Any dispute arising from, or related to, such Contracts shall be subject to the non- exclusive jurisdiction of the Portuguese courts. If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
Adress: Rua Brigadeiro Nunes da Ponte, n.º 114, 3º andar, 4150-036 Porto, Portugal.
VAT number: 509759580
Trade register number: 509759580