General terms and conditions - Your Contract with Us
1 Scope

The following Terms and Conditions apply to all orders from our Online Shop. Our Online Shop is for consumers only. Buyers interested in commercial use of the products displayed in the Online Shop should contact our customer service at @bergzeit.us

2 Parties, Offer and Acceptance

When shopping at www.bergzeit.us, you, the customer, conclude a Contract comprising these Terms and Conditions with us, Bergzeit GmbH.

The presentation of the products in the Online Shop does not constitute a legally binding offer. The Online Shop is a non-binding online catalog. You may place products in the shopping basket and incur no obligation until you complete the checkout process. You can add and remove products as you wish, using the tools and procedures explained in the shop. When you complete the checkout process, you submit a binding offer to buy the products in the shopping basket. We will confirm the receipt of your order, if completed and successfully transmitted, by e-mail promptly after receipt of your order.

We will accept your offer by having the payment transaction successfully processed by the payment services provider identified in the checkout process. The processing time of the transaction depends on the payment method you select (see below under "Payment").

3 Storage of Contract

After our acceptance, we will save the contract's text with your order data and email you the order data and this Contract.

4 Shipping Terms

The cost of shipping products to you will be displayed before you submit your order. Certain products in our online shop may provide additional information on these costs.

 We only ship products. We do not offer pick up by the customer.

5 Payment

In our online shop, we offer the following payment options. If your payment fails, your order and our acceptance are voided.

a. Credit Card

You provide your credit card details during the checkout process. Your card will be charged immediately after you place your order, thus triggering our acceptance of your offer, conditioned on product availability and successful payment processing.

 
b. PayPal, PayPal Express

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data, and confirm the payment instructions. Upon our confirmation of product availability, the payment will be processed by PayPal after you place the order, at which time we will accept your offer upon PayPal’s successful processing. You may receive additional instructions during the ordering process.

6 Shipping Damage

If the goods are delivered with obvious damage caused by the shipper, please report the defect to the carrier and notify us immediately by email to service@bergzeit.us. Failure to file a report or to make contact may affect your legal rights or the enforcement of such rights, including your warranty rights. Your report to the carrier and us is a material condition for asserting rights against the carrier or us.

7 Limited Warranty

a. Information in the Online Shop

 Unless expressly indicated otherwise, we are not the manufacturer of the products sold in our Online Shop. Product packaging and materials may contain more information than displayed in the online shop. Ingredients may also change. All information about the products in the Online Shop is provided for information purposes only, and WE, BERGZEIT, MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ONLINE SHOP'S ACCURACY. We recommend that you do not rely solely on the information presented in the Online Shop. Please always read the product's labels, warnings, and directions before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content in the Online Shop is not intended to substitute for advice from a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to diagnose, treat, cure, or prevent any disease or health condition.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, BERGZEIT, ACCEPT NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.

Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

b. Quality Assurance

 Bergzeit ships products in the condition they were received from the original manufacturer or distributor. Bergzeit does not conduct product testing before shipping any specific merchandise. Bergzeit‘s quality assurance is limited to spot-checking and spot-testing products, only to verify that the products match the manufacturer‘s or distributor‘s representations to Bergzeit.

c. Technical Support

 Bergzeit does not offer any technical assistance. We cannot offer advice on the compatibility of products, make product recommendations, or provide technical support or sales advice. We publish all of the information we receive from the manufacturer or distributor for your convenience. WE, BERGZEIT, DO NOT WARRANT THE COMPLETENESS OF SUCH INFORMATION OR THAT IT IS ACCURATE AT THE TIME PRODUCT IS SHIPPED. Don't hesitate to contact the manufacturer directly for accurate answers to your technical questions or additional information or specifications we have not published.

 d. Product Warranties

 WE, BERGZEIT, PROVIDE A LIMITED WARRANTY FOR THE SERVICE PROVIDED WITH AND IN THE ONLINE SHOP, BUT WE DO NOT WARRANT ANY PRODUCTS ON THE ONLINE SHOP. PRODUCT WARRANTIES FOR ANY PRODUCTS YOU PURCHASE FROM THIS ONLINE SHOP ARE LIMITED TO THE WARRANTIES PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCT, WHICHEVER IS MORE ADVANTAGEOUS FOR YOU.

IN ADDITION, BERGZEIT WILL SATISFY ONLY ANY MINIMUM WARRANTY OBLIGATION UNDER APPLICABLE LAW FOR PRODUCTS AND OUR SERVICE, SUBJECT TO OUR DISCLAIMER—TO THE EXTENT PERMITTED UNDER APPLICABLE LAW--OF ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE PRODUCTS DISPLAYED IN THE ONLINE SHOP MAY BE COVERED BY MANUFACTURERS‘ WARRANTY, SERVICE, AND SUPPORT POLICIES (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. WE SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. WE ASSIGN AND PASS THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.

WE MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS AND CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH THE ONLINE SHOP ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR WE, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, WE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY APPLICABLE LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.

e. Online Shop Warranty

 Our Online Shop may be temporarily unavailable occasionally for maintenance or other reasons, but we strive to announce scheduled maintenance interruptions. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, your use of the Online Shop or any content or communications you generate. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or for the Online Shop or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from creating, using or downloading content in connection with the internet in general and/or in connection with the website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any of your content or personal injury or death, resulting from anyone's use of the Online Shop or anything posted on or through the Online Shop or transmitted to or by you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, BERGZEIT, SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE ONLINE SHOP. THE ONLINE SHOP AND ITS CONTENT ARE PROVIDED "AS-IS". WE, BERGZEIT, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR ONLINE SHOP USE. WE DO NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS IN OR ON THE ONLINE SHOP OR LINKED EXTERNAL SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE ONLINE SHOP OR ANY OF THE SERVERS AND PROVIDERS‘ SERVICES USED TO OPERATE THE ONLINE SHOP SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA, OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. We do not disclaim warranties for our intentional breach of duty to avoid doubt. THIS WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY STATED BELOW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FORGOING DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR ONLINE SHOP OR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SERVICES RELATED TO THE ONLINE SHOP.

 Consumers will find information on any additional warranties provided by third parties, their precise conditions with the product, and on specific information pages in the Online Shop, if applicable. Upon receipt of a defective product from us or the discovery of a defect after receipt of such product, you are required to report defects promptly upon their discovery at service@bergzeit.us

 Reports must include the following details:

Name

Address

Shipper

Order Number

Product Number or a detailed description

Date of Purchase

Date of Delivery

Description of Defect

Date of Discovery of Defect

In addition, you must follow the instructions included in any warranty from a manufacturer or distributor for the product you purchased. 

g. Return of Defective Item
When you exercise your warranty rights and we, Bergzeit, deem it necessary to examine a reported defect, you must ship the defective product to the address we will provide. We are committed to responding to any complaint promptly, but no later than within 14 business days of receiving your report or the defective product.

h. Customer Service
 For questions and complaints, you may contact our customer service team by phone (49(0)8024-902290) or by e-mail at service @ bergzeit.us on Monday and Wednesday to Friday from 9:00 a.m. to 5:00 p.m. CET, on Tuesday from 9:00 a.m. to 2:00 p.m., and 3:00 p.m. to 5:00 p.m. CET.  

8 Limitation of Liability 
NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CAN BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY  AND THAT OF OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE ACT, OMISSION OR PRODUCT CAUSING THE LIABILITY PURCHASED THROUGH THE ONLINE SHOP. IN NO EVENT WILL WE OR OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE ONLINE SHOP OR PRODUCT PURCHASED IN THE ONLINE SHOP, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE ONLINE SHOP, EVEN IF WE OR OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO US FOR YOUR USE OF THE ONLINE SHOP, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US IN ALL CIRCUMSTANCES BERGZEIT GMBH’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES. REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS 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 MAY HAVE ADDITIONAL RIGHTS.

9 Prices, Taxes, Shipping and Customs Duties

The prices stated in the Online Shop do not include sales tax and shipping costs, which will be added during the checkout process. If your purchases involve shipping to the United States of America, customs duties may be applied, which you will pay for delivery.

10 Code of Conduct

We have subjected ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)

11 Agreement to use Trusted Shops Buyer Protection

You can ensure orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops offers a fee-based guarantee with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions, which you can find here, apply. Buyer protection is activated by clicking on the “Trustcard” button, which appears in a pop-up on the order confirmation page after placing an order. If you are already registered for buyer protection, your order will automatically be secured (automatic buyer protection) without you clicking on the button. To offer you the (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your e-mail address and the order number and order. Your order will automatically be covered if you are registered for buyer protection. If you are not yet registered for buyer protection, you can register using the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

12 Availability and Changes

All prices in our online shop are displayed in the currency of the country you selected when accessing the website.

All pricing is subject to change without notice before we receive your offer of purchase, and we reserve the right to adjust prices and conditions due to changing market conditions, product discontinuation, manufacturer price changes, and other circumstances.

A product in our catalog may be mispriced. We will verify pricing when processing your order and before we process payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE DISPLAYED IN THE ONLINE SHOP, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than the stated price in the Online Shop, we will process your order at the lower amount.

 We reserve the right to limit the number of products available for purchase. We may change the quantities available for purchase anytime and for any reason.

 We list availability information for products we sell in the Online Shop, including on each product information page if a product is available in limited quantity.  Beyond what we say on that page or otherwise in the Online Shop, we cannot be more specific about availability. As we process your order, we will inform you by email if any product you order should be unavailable. At our sole discretion, we reserve the right to refuse or cancel any order for an unavailable product at any time. If we cancel an order after payment processing is completed for your purchase, we will issue a credit to your credit card account or Paypal account, whichever you used, in the amount of the charge

13 Product Changes

We depend on accurate and current product information from manufacturers and distributors. WE ARE NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. We make commercially reasonable efforts to ensure that all product information is up-to-date and accurate. However, changes by manufacturers or distributors could cause the information in the Online Shop to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations, and other variations that may be considered inconsequential by the manufacturer or distributor. We rely entirely on these parties to communicate such changes but have no way of alerting customers before purchase in the event these parties fail to do so. Therefore, YOU WILL NOT HOLD BERGZEIT RESPONSIBLE FOR PRODUCT CHANGES. If the product change should constitute a material alteration that is not a betterment, don’t hesitate to contact Bergzeit’s customer service@bergzeit.us, and we will reasonably attempt to resolve the matter to your satisfaction. 

14 Intellectual property

The content displayed in the Online Shop, such as intellectual property works, text, graphics, logos, images, videos, digital downloads, data, software, and any other material, and their design selection and arrangement is owned or licensed property of Bergzeit GmbH, its suppliers, licensors, or other providers of such material. The United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect such content. Our suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms and Conditions authorize you to use the Online Shop only for personal, non-commercial use.

The Bergzeit name, logo, service name, design, and slogans are trademarks of Bergzeit. You may not use such trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing in the Online Shop are licensed by their respective owners to Bergzeit GmbH, not you.

15 General Terms

 b. Your indemnification

 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Bergzeit GmbH, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, Contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions.

 c. Governing Law and Jurisdiction

 Any dispute arising out of or related to these Terms and Conditions or the sales transactions between you and Bergzeit GmbH shall be governed by the laws of the District of Columbia without regard to its conflict of laws rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern these Terms' validity, interpretation, and performance. Except for claims for injunctive relief by either party, you and Bergzeit GmbH agree that any dispute or controversy arising out of, concerning, or in connection with these Terms and Conditions or your use of the Online Shop, including without limitation, all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms and Conditions, shall be resolved by final and binding arbitration according to the Federal Arbitration Act  in Washington, District of Columbia or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed by such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in English. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND BERGZEIT GMBH, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,  CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND Bergzeit EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION under THESE TERMS.

Finally, you also agree not to bring any legal action, based upon any legal theory, including contract, tort, equity, or otherwise, against Bergzeit GmbH that is more than one year after the date of the applicable invoice.

Bergzeit GmbH is not authorized to do business in every jurisdiction. Information published in the Online Shop may contain references or cross-references to Products unavailable in your jurisdiction or locality.

 e. Recordings

 Bergzeit GmbH does not consent to have any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with Bergzeit GmbH unless you have provided clear and conspicuous notice to Bergzeit and have received prior written consent from Bergzeit.

 The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 g. Severability

 If any provision contained in these Terms and Conditions is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable under applicable District of Columbia law.

 
h. Third-Party Rights

 These Terms and Conditions govern the relationship between you and us. No other person shall have any rights to enforce any of these Contract terms except manufacturers and distributors referred to in the Terms and Conditions. Such manufacturers and distributors will only have the right to enforce any terms against you (and not against Bergzeit GmbH), including any limitation or exclusion of liability in favor of Bergzeit GmbH under these Terms and Conditions. Notwithstanding the three preceding sentences, neither of us will need to obtain the agreement of any other person to end any Contract between us or to make any changes to these Terms and Conditions.

 i. Entire Agreement

 These Terms and Conditions, together with the invoice, order, and fulfillment documentation regarding the products ordered by you, constitute the entire agreement between Bergzeit GmbH and you and supersede all prior or contemporaneous arrangements, proposals, oral or written understandings, representations, conditions, warranties, and all other communications between Bergzeit GmbH and you relating to the subject matter of any Contract to the fullest extent permitted by law. These Terms and Conditions may not be explained or supplemented by any prior dealings or trade by custom or usage.

 j. Children

 We do not sell products for purchase by children. We sell children’s products for adults to purchase. If you are under the age of majority according to applicable law, you may only use Bergzeit with the guidance of a parent or guardian who takes responsibility for your actions. If you order a product to which a minimum age requirement applies, by ordering that product, you confirm that you and, if different, the recipient of the product are of the required age necessary to buy that product.


16 Acknowledgement and Acceptance

BY ACCESSING THE ONLINE SHOP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND UNDER SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, IF YOU ARE A CONSUMER FROM CALIFORNIA OR JURISDICTION WITH SIMILAR LAW, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Bergzeit GmbH, November 2024