General Conditions of Sale of Bergland snc

1. Order

Internet orders of Bergland snc products via the web shop can only be made by choosing the product from the online catalogue and simultaneously placing it in the basket by clicking in the appropriate box, with obligatory completion of the customer’s personal data.
Personal data must be provided in order to conclude the contract of sale, to ensure the supply of the products and to issue the appropriate tax documentation.
The purchase order lists the individual products in the basket with an exact indication of the quantity and current price, as confirmed by the customer.

2. Conclusion of the contract

This contract is binding on the customer from the moment of shipment of the order: it is only binding on Bergland snc from the actual moment of acceptance.
Any additional terms and/or amendments to the concluded contract must be accepted in writing by Bergland snc. Verbal agreements or tolerances have no legal significance.

3. Irrevocability of the order

The order to purchase Bergland snc products by the customer is irrevocable, without prejudice to the provisions of the Consumer Code regarding the protection of the user.

4. Prices

Prices acceptance and delivery methods.
The product prices include standard packaging.
The costs of special packaging, transport costs as well as any VAT will be indicated individually for each order and must be confirmed separately by the customer.
Customs duties and/or similar are in all cases payable solely by the customer who will make payment of these directly to the competent authority.
The online catalogue prices will apply at the time of order.
Payment by the customer must be made in advance by means of credit card, bank transfer or PayPal.

5. Rights of Bergland snc

Bergland snc is entitled to suspend provision of its services or supplies if the economic circumstances of the customer are such that payment of the necessary consideration is clearly in jeopardy pursuant to Article 1461 of the Code of Civil Procedure.
This will also apply if any invoices (including partial invoices on account) issued by Bergland snc are not or are only partially paid.
In none of these cases may the customer of Bergland snc make any claim for compensation for damages.

6. Right of withdrawal of the consumer

Pursuant to Directive 97/7EC, the consumer has the special right of withdrawal under Article 64 of the Consumer Code.
Under this provision, the consumer has the right to withdraw from the contract concluded online without penalty and without any need to specify a reason.
This right of withdrawal must be exercised within 10 (ten) days of receipt of the goods by means of registered letter with acknowledgment of receipt, by fax or by e-mail, stating the exact nature of the items being returned.
The goods must be returned, undamaged, to Bergland snc within the following 24 hours: freight costs are payable by the customer.
Following arrival of the products, Bergland snc will refund the price of the product (but not the transport costs) to the customer.

7. Delivery of goods

Bergland snc assumes no liability for any failure to accept an order or for any delay in the supply of goods.
Acceptance of the offer by Bergland snc or execution of such order is subject to the availability of the individual items and the absence of unforeseeable circumstances that could influence supply or prompt execution, such as cases of force majeure and fortuitous events, strikes, commotions, or a lack of raw materials that might prevent or delay the manufacture or delivery of the products.
In any case the relevant risk and any liability of Bergland snc will cease on transfer of the items to the haulier or logistics manager.
The customer explicitly waives any claim for compensation in regard to Bergland snc for supplies that are delayed or not executed on account of the haulier or logistics manager.

8. Complaints

Bergland snc will check the products with regard to the number of parts, quantity and any defects prior to delivery.
As these items are works of craftsmanship, Bergland snc accepts no responsibility for variations in colour or finishing, nor for minor variations regarding dimensions.
Incorrect supplies, defects or parts not supplied must be notified to the haulier or logistics manager and to Bergland snc within 8 days of receipt of the products or at the moment of discovery.
Complaints must be made by means of registered letter with acknowledgment of receipt, by fax or by e-mail, stating the exact nature of the complaint.
The customer loses the right to replacement of defective products, and Bergland snc is discharged of all responsibility, if the products do not reach Bergland snc within 30 days of the complaint.
The customer is entitled to the supply and/or replacement of the missing and/or defective products in the event that the complaint is justified.

9. Warranty

A warranty is granted on all Bergland products for a period of two years from delivery.
The customer must be aware that no detergents of any kind may be used for cleaning Bergland products, nor any damp cloth: they must only be wiped with a dry cloth, exercising extreme care.
The warranty is voided if Bergland products are placed in the open air or exposed to direct sunlight, heat sources, temperature variations or dampness.
The customer loses the rights under the warranty if defects/imperfections are not notified to Bergland snc within two months of discovery.

10. Retention of title

Bergland snc retains title to all goods supplied until payment is made of the total receivable arising from the existing commercial relationship.

Title will only pass to the contracting party of Bergland snc at the time that settlement is made, while the risk is transferred on delivery of the goods. The customer assumes all duties of keeper.

If the contract is cancelled, Bergland snc reserves the right to retain, by way of compensation, any payments on account or partial payments made, without prejudice to any claims for further loss.

11. Data protection

Bergland snc undertakes to treat orders and their related documents in a confidential manner. Pursuant to the Code for the Protection of Personal Data (Legislative Decree 196/2003), the customer authorises Bergland snc to process its own personal data.

12. Court of jurisdiction and applicable law

The parties agree to elect the Court of Bolzano (Italy) as the competent court for all disputes arising from the contract and its interpretation.

The laws of Italy will be applicable, in particular the provisions of the Civil Code and any other current legislation.

The laws of Italy will also be applicable in cases where customers of Bergland snc are domiciled or registered outside of Italy.

The parties explicitly declare that they renounce or waive the provisions of international private law in favour of the provisions of Italian law.

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The customer expressly declares that it is aware of and accepts these terms and conditions, which form an essential and integral part of the contract stipulated with Bergland snc.
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Bergland SNC - OHG
F.lli-Gebr. Kasslatter W. & R. & Co.
Streda Passua 31
39046 RUNCADIC (BZ) - Gherdëina - Val Gardena - Dolomites - Italia
Phone: +39 0471 797122
FAX +39 0471 798057