Contract Partner

For all orders via the Bergaffe GmbH Online Shop the contract partner of the buyer is

Bergaffe GmbH, FN 409577w
Lakeside B01
9020 Klagenfurt
AUSTRIA
Telephone: +43-(0)664 – 4160820
Email: moc.e1537832874ffagr1537832874eb@of1537832874ni1537832874

CEO: Mag. David Dietrich and Lukas Bürger MA
Tax identification no.: ATU68515528
Legal form: Limited Company
Company object: Traiding & Grafic Design
Commercial no.: 409577w
Commercial register: Landesgericht Klagenfurt

Our offers are non-binding, meaning we are not obligated to fill orders in the event of lack of availability. Product presentation in the online shop is a non-binding online-catalogue and not a legally binding offer. However, by clicking on the button “order” you place a binding order for the products in your shopping cart. Receipt of your order occurs instantly, as does the subsequent confirmation of your order via the automated confirmation e-mail sent by us. With this e-mail confirmation the sales contract takes effect. The contract is subject exclusively to Austrian law.

The goods will remain property of Bergaffe GmbH until such time as the buyer has paid all outstanding dues.

Payment

The following payment methods are offered: Paypal, credit card and instant transfer

Bank details:

Owner: Bergaffe GmbH
Raiffeisenbank, Ziersdorf, Österreich
EUR – IBAN: AT88 3298 2000 0031 0003
BIC: RLNWATW1982

Owner: Bergaffe GmbH
Kärntner Sparkasse, St. Veit, Österreich
USD – IBAN: AT77 2070 6044 8101 3623
BIC: KSPKAT2KXXX

Bergaffe GmbH only accepts deliveries abroad if payment is made in advance by credit card (Master, Visa and American Express), advance payment via SEPA credit transfer or via Paypal.

Delivery

We deliver with DHL or GLS directly to your address. Please be sure, that the address label is correct. Delivery to post office boxes or poste restante deliveries are not possible. Any damage incurred during transport should immediately be reported by the customer after receiving the merchandise from the supplier. Warranty will remain.

In order to ensure correct delivery of all items ordered, please make sure that you enter your address correctly. Furthermore, please make use of the option to enter a different delivery address in case you are not home during the day. This specific address could be your office, for example (the delivery address is entered when ordering items online). Please note that the delivery of your items can be significantly delayed if you enter your address wrongly or enter an address where the postman does not reach you. Any package returned to Bergaffe GmbH or to our Logistic Partner due to the above incorrect and/or insufficient information will require an extra delivery charge paid by the customer, before the package can be despatched again.

We offer a worldwide delivery. If your country is not listed among the options in the shop or you would like to have a big order shipped outside the EU please get in touch with us moc.e1537832874ffagr1537832874eb@of1537832874ni1537832874

Austrian VAT will be charged on shipments to all countries. Taxation and customs clearance fees must be handled locally by the customer. We would like to inform you that we do not have any influence on such costs. The total debit for customers can therefore differ slightly from the prices indicated on the corresponding Bergaffe product pages due to the exchange rates and tax regulations. A detailed summary of all costs is made in the ordering process.

The goods will be shipped immediately after the payment has been received on the account of Bergaffe GmbH. You can find the respective delivery time on the product page. In case of delayed delivery, we will inform you immediately. The delivery time is about 2-150 business days and depends on the actual bought product . The delivery period starts one day after receipt of order.

Shipping Costs

Austria & Germany: 7,90€ -> Free Shipping when ordering above 100€ inkl. VAT
EU 1:
14,90€ -> Free Shipping when ordering above 100€ inkl. VAT
EU 2: 18,90€ -> Free Shipping when ordering above 100€ inkl. VAT  (Albania, Belarus, Bosnia-Herzegovina, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Ukraine)
International delivery:  $ 14,90 to $ 52,00 (exkl. VAT), depening on the country

Prices

All prices quoted are final prices in Euros and include Austria VAT.

Terms and Conditions for Vouchers

(1) Redeem a Campaign Voucher/Coupon
Campaign vouchers cannot be purchased, they are issued by Bergaffe in connection with advertising campaigns with a determined period of validity.

  • “Campaign Voucher/Coupon” means a code that must be entered at checkout on online transactions in order to receive a discount or benefit.
  • Campaign vouchers are only valid within the period of time determined and can be redeemed only once in connection with an order at www.bergaffe.com. A campaign voucher cannot be used to purchase a gift voucher.
  • In case of a minimum order value determined on the campaign voucher, this minimum amount must be reached for the voucher to become valid. If no minimum order value is determined, the order must at least reach the value of the campaign voucher. The redemption of any residual amount is not possible.
  • Not redeemable on gift sets, sets, limited edition items or sale items unless expressly stated otherwise.
  • Campaign vouchers can only be redeemed before ending the order process/purchasing process. They cannot be offset subsequently. The amount of a campaign voucher cannot be cashed nor can interest be paid on the amount.
  • A campaign voucher cannot be transferred to third parties. Campaign vouchers cannot be combined with each other.
  • A campaign voucher cannot be redeemed or credited if merchandise is returned partly or completely.

(2) Redeem a Gift Card/Coupon
Gift vouchers can be purchased at www.bergaffe.com.

  • “Gift Card” means an electronic card that has prepaid currency loaded onto it to be spent on Bergaffe products in accordance with these terms and conditions.
  • Gift Cards can only be redeemed before ending an order process. They cannot be offset subsequently.
  • In case of the gift voucher amount not covering for the order value, the remaining amount is payable by the type of payment chosen in the order process.
  • Gift Cards can not be returned od refunded. Not for resale.
  • A Gift Card cannot be purchased with a campaign voucher.
  • In case of returning or exchanging articles, which were paid with a gift voucher, the merchandise value will expire. Cash payment or issuing a new gift voucher is not possible.
  • Gift cards are treated like cash. Defaced, lost or stolen vouchers will not be replaced, refunded or redeemed.
  • The Gift Card balance can not be exchanged for cash or redeemed against the purchase of another card.
  • We reserve the right to correct the balance of your gift card if we believe that a clerical or accounting error has occurred.
  • Gift Cards are issued by email to the address specified at time of purchase and can be sent to either the purchaser or to the gift recipient (for this option, please write an E-mail to moc.e1537832874ffagr1537832874eb@ec1537832874nanif1537832874). It is the responsibility of the purchaser to correctly address the Gift Card. Bergaffe GmbH is not liable or responsible for any loss suffered as a result of a voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser.

Returns

Returns because of cancellation

The buyer may withdraw from the sales contract by contacting Bergaffe GmbH directly, in writing (e.g. letter, e-mail) within 14 days without needing to provide reasons. The deadline is calculated according to the date on which the buyer or third person nominated by the buyer, has taken possession of the goods. A cancellation form can be found here for your convenience. The buyer must bear all costs for return delivery. Within the European Union and the United States of America, there will be no duty cost. If you send back the product from outside of the European Union or the United States of America all duty cost and fees have to be covered by yourself (Incoterm DDP).
Gift Cards can not be returned od refunded.

Returns because of exchange

You have the choice to exchange the articles for a different size or you can choose a completely different article. The items may be exchanged within 30 days. Please note that we can only accept unused articles with the original labels. The items should be returned in the original packaging without any visible signs of wear or damage. If you would like to return the goods, please fill up the return form here correctly and send it to moc.e1537832874ffagr1537832874eb@ec1537832874nanif1537832874. With this return form, we can assign the return of your order and thus process quickly. If the goods are packed safely, please enclose the return form and original invoice and return the parcel with the return label, which you will get from us or our logistic partner via email.

Processing and refunds

Upon receiving and reviewing your return we will send you a confirmation email. You will receive a refund within 14 days of receipt of the return. The refund will be credited to the same account used at the time of purchase.
We place great emphasis on a thorough and quick processing of your return. However, delays of 2-3 workdays may occur during season kick-offs, high amounts of incoming orders and the holiday season. We appreciate your patience and understanding.

Notice of Cancellation Policy – Cancellation and withdrawal agreement

Consumers have a right to withdraw from the sales contract within 14 days. Any individual concluding a legal contract to purchase products or services for his/her personal use is considered a consumer.

Cancellation Policy

Right of cancellation

The buyer may withdraw from the sales contract by contacting Campfire Outdoors directly, in writing (e.g. letter, e-mail) within 14 days without needing to provide reasons. The deadline is calculated according to the date on which the buyer or third person nominated by the buyer, has taken possession of the goods. A cancellation form can be found here (LINK SETZEN) for your convenience; however, it is not required for cancellation. It is sufficient if the buyer exercises his or her right to withdraw before the allocated expiry deadline. (Bergaffe GmbH, Lakeside B01, 9020 Klagenfurt, Austria, Tel.: +436644160820, E-Mail:moc.e1537832874ffagr1537832874eb@of1537832874ni 1537832874)

Consequences of cancellation

By canceling this agreement within the specified deadline (14 days),we are obliged to repay all payments that we have received from you including delivery charges (except for additional costs arising from choosing a different type of delivery to the cheap, standard delivery offered by us) without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. The reimbursement of the repayment will be the same means of payment that the buyer used in the original transaction, unless otherwise stipulated; under no circumstances will the buyer incur extra expenses. We have the right to withhold the reimbursement until such time as the goods have been received or that the buyer can demonstrate that the goods have left their possession.

The buyer shall receive the refund within a maximum of fourteen days from the date on which the agreement was withdrawn or the goods returned. The deadline is granted if the goods have been sent within the 14 days’ expiry period. The buyer must bear all costs for return delivery. Within the European Union and the United States of America, there will be no duty cost. If you send back the product from outside of the European Union or the United States of America all duty cost and fees have to be covered by yourself (Incoterm DDP). The buyer is only required to reimburse for damaged goods if it is established that the damage was directly due to the event of mishandling of the goods by the buyer.

End of Notice

Ownership Rights

The ownership of the goods remains with Bergaffe GmbH until the payment is received in full.

Data protection

The protection of your personal data is very important to us. Therefore we process your data exclusively on the basis of the legal regulations in Austria (DSGVO, TKG 2003). Our Privacy Policy describes how we collect and process your Personal Data through our website (www.bergaffe.com), other selling platforms (kickstarter.com, crowdox.com and indiegogo.com) and at events.

Warranty

Material defects occurring on delivered goods are covered by statutory warranty rights (24 months). Any other guarantees issued by the manufacturer remain unaffected. In a warranty case please contact moc.e1537832874ffagr1537832874eb@of1537832874ni1537832874

Copyright

The content, design and texts of our catalogues and our online shop are the intellectual property of Bergaffe GmbH and are protected by copyright. The use of any pictures, texts and logos without the written permission of Bergaffe GmbH is illegal and will have legal consequences.

Contract language

The language for the contract is German.

Liability

Bergaffe GmbH shall only be liable for damages incurred through malicious intent or gross negligence of Bergaffe GmbH. In the case of a breach of major contractual obligations, Bergaffe GmbH shall be liable for every culpable behavior of its employees. The specific manufacturers of our products shall be liable for the products that Bergaffe GmbH dispatches.

Bergaffe GmbH shall not be liable for indirect damages incurred, especially not for lost profit, unless the damage is caused with intent by employees of Bergaffe GmbH or with intent and gross negligence by legal representatives and executive staff of Bergaffe GmbH. In cases where there has neither been the malicious intent of employees nor intention or gross negligence of legal representatives and executive staff, Bergaffe GmbH is only liable for the amount that would cover typical damages foreseeable at the time the contract is concluded. The company Bergaffe GmbH shall not be obligated to provide continuous and uninterrupted availability of the website and is not liable for technical or electronic errors of the online offers. Bergaffe GmbH shall not be liable for damages caused by unauthorized persons shopping at the online shop of Bergaffe GmbH with the help of a password allocated to an authorized user.

Bergaffe GmbH is not liable for damages and problems resulting of third parties accepting packages. Please make sure that every shipment will be received by an authorized person and speak to delivery personnel concerning this matter, should suspicions arise.

Klagenfurt, 17th November 2017

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