Terms and Conditions of Sale - Ecommerce
Welcome to berghaus.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is brought to you by Berghaus Limited (“Berghaus”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Berghaus.
Berghaus and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please contact us.
Terms and Conditions of Sale
Please carefully read these Terms and Conditions before purchasing any Berghaus products on the Website. By purchasing Berghaus products on the Website, you agree to be bound by these Terms and Conditions.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
Berghaus reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Berghaus when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Berghaus will retain the title in the products until full payment has been made by you and has been received by Berghaus.
Berghaus reserves the right to hold any orders prior to shipping for security review. Berghaus only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at firstname.lastname@example.org before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Data Protection Act 1998 (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
• our own records;
• records held by third parties providing services to us; and
• records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at email@example.com.
We will endeavour to deliver all products you have ordered within 30 (thirty) days from your Order Confirmation Email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they have been delivered in accordance with the delivery instructions. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return Berghaus products that have been purchased directly through this Website. Berghaus products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If for any reason you are not happy with your Berghaus products, please follow our Delivery, Returns, Exchanges and Repairs Policy, so that we can assist you in the exchange or refund of your order. Berghaus reserves the right to reject the return of products that are not returned in accordance with our Returns, Exchanges and Repairs Policy Procedure and we may request that you pay for delivery charges in returning such goods back to you. Our returns policy does not affect your statutory rights.
A. Returns or Exchange
You may exchange or return new, unworn or unused products within thirty (30) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you may be required to pay an additional sum where the replacement product is more expensive that the original item purchased.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (see below).
- If you are returning goods for exchange or return, you are responsible for the cost of returning them to us.
- We will not refund the original delivery charge in the case of exchanges or returns.
Please note: If you are a UK or EU customer you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within the fourteen (14) day period beginning after the day of receipt of the goods under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 – see Statutory Right to Cancel below.
- You will also be liable for the delivery costs incurred by us in sending you any products as exchanges.
- In the case of returns, you will only be refunded the value of the goods ordered.
- We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
B. Statutory Right to Cancel
If you are a UK or EU customer, in addition to our Returns or Exchange Procedure, you have fourteen (14) days (beginning the day after receipt of the goods) to cancel your purchase order under the Distance Selling Regulations.
These legal rights do not apply to non-EU customers.
- Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
- Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within fourteen (14) days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
We will refund all monies received from you (including the outbound delivery cost) within 14 (fourteen) days of receiving the product(s) from you or within fourteen (14) days of you providing us with proof of return. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
- send an email to firstname.lastname@example.org; or
- write to us at our address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
C. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery.
With your purchase of Berghaus products, you will receive a Delivery Note and Returns Form. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact them by clicking here.
Please do not return items to our head office address in Sunderland, as all returns are processed at our warehouse in the north-west of England. If you return items to our head office address, your return may be severely delayed.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.
7. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10. Disclaimer and limitation of liability
This Website is provided by Berghaus on an “as is” and “as available” basis. Berghaus makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Berghaus disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Berghaus does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Berghaus will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
11. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Berghaus’ intellectual property rights, Berghaus may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
13. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Events beyond our reasonable control
Berghaus will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
17. Our details
berghaus.com is owned by Berghaus Limited, 12 Colima Avenue, Sunderland Enterprise Park, Sunderland SR5 3XB, England.