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Terms

Updated as of 24.06.2024.

The terms and conditions apply to all purchases of products from www.bergans.com to consumers. The terms and conditions, together with your order confirmed through an order confirmation, constitute the complete contractual basis for the purchase.

Purchases on www.bergans.com are currently only available in Norway, Sweden and Germany. To shop on www.bergans.com, you must be at least 18 years old. If you are under 18, you must have an adult, such as a guardian, make the purchase for you. Purchases can be made without creating an account. To access "My Pages," you must register as a user of the online store. It is free to register for this account, and you can terminate it at any time via "My Page." We deliver to Norway, including Svalbard, Sweden and Germany. For orders to Svalbard, you must apply for VAT refund yourself. Payments are made via our provider Adyen.

Questions regarding payment can be directed to kundesenter@bergans.no. Consumer purchases are regulated by the Consumer Purchases Act, the Right of Withdrawal Act, the Marketing Act, the Personal Data Act, the E-commerce Act, and the Credit Purchase Act. Follow the links to these laws for more information about your rights and obligations when making a purchase. Where these terms and conditions require written communication, this is fulfilled by using email, text message (SMS), letter, fax, etc.tekstmelding til mobiltelefon (SMS), brev, telefaks e.l.

1. Parties

The seller is Bergans Retail AS, Hagaløkkveien 13, N-1383 Asker. Org.nr.: 916 293 623, telephone: +47 32 25 25 00, email: kundesenter@bergans.no and is referred to as "we" or "us". The buyer is the person specified as the buyer in the order, and is referred to as "you", "your", or "yours".

2. Ordering and Contract Process

Your order is binding when it is registered on our server (computer). We are also bound by your order if it does not deviate from what is offered by us in our online store, our marketing, or otherwise. However, you have the right to cancel the purchase in accordance with the Right of Withdrawal Act; see section 09 of the agreement for more details. When we receive your order, we will confirm it and automatically send an order confirmation to you. Please read the order confirmation carefully upon receipt and check if it matches your order.

Exceptions may occur; see section 3. If you have ordered more than one product, partial deliveries may occur. You will not be charged for multiple deliveries. You can read more about your order in section 5 or send an email to kundesenter@bergans.no.

3. Information Provided on www.bergans.com

We strive to provide our customers with as accurate information about our products as possible. We reserve the right for typographical errors, printing errors, image errors, and inventory errors, which may mean that we cannot deliver according to the information provided on our website, our marketing, or otherwise.

We further reserve the right to cancel your order or parts of it if the product is sold out or intended for resale. In cases of sold-out products, we will try to inform you about this.

4. Prices

All prices include VAT. The total cost of the purchase will appear before ordering and include all expenses associated with the purchase, such as shipping, packaging, environmental fees, etc.

5. Payment

Bergans offers several different payment methods through our partner Adyen.

Klarna Shop with us and pay conveniently with Klarna. Choose whether to pay immediately, pay later, or split your payments. Shop first and pay after delivery. No fees or hidden costs. Pay only for what you want to keep. Select the "Pay Later" option every time you shop with us.

Card Payment We offer payment with Visa and Mastercard.

6. Delivery and Delays

Delivery of the products is made from our warehouse in Germany and our freight forwarder. We do not use air freight. Normal delivery is 2–5 business days after ordering. Longer delivery times may occur during holidays and weekends. We bear the risk for the products until they are received by you, meaning when you have collected the products from the pickup point. If the delivery of the products is delayed, we will inform you as soon as we know, along with information about the expected delivery time. In case of partial deliveries, only the delivered items are charged. You can track your orders via the tracking link provided in the delivery confirmation from us.

7. Inspection of Products

After receiving the products, you should, as soon as possible, check if the delivery matches the order confirmation, if the products have been damaged during transport, or if the products otherwise have defects or deficiencies.

8. Complaints and Warranty

If the products have defects or deficiencies, you may, depending on the circumstances, demand correction of the defect, redelivery, a price reduction, compensation, or cancellation of the purchase. The defect must exist when you take possession of the products. We will try to repair the item if it is impossible to obtain a new one, for example, if the item is no longer produced, or if your request would incur an unreasonable cost.

In addition, Bergans offers a limited warranty of 2–5 years against manufacturing and material defects. Damage due to normal use and wear is not covered by this warranty. If possible, this can be repaired for a fee.

Manufacturing and material defects are inherent defects, meaning a defect that was present when the product was purchased in the store. Such a defect will usually appear early. In cases where the product is older than 2 years and the complaint is not defined as a claim under the Consumer Purchases Act, the product will be individually assessed based on usage and condition.

Consider this before sending in the product:

- Drawstring locks do not work: Check that it is activated by squeezing it together until you hear a "click." If it still does not work, send it to us.

- Cannot close the zipper: If it is a 2-way zipper, check that both zipper heads are at the bottom of the zipper before trying to close it. If it still does not close, send the product to us. Is it necessary to send in the whole product? If only parts of the product can be sent in for repair, this is preferred.

If the product is worn out (regardless of age), it will not be considered a warranty case. Worn-out products are not repaired. Products sent in must be clean/washed. Bergans returns unclean/washed products at the sender's expense, untreated.

How to register a complaint/repair:

- If you purchased the item from one of our retailers, please contact the relevant store. If this is not possible, you can send it to us.

- Send it by mail to Bergans Fritid AS, Hagaløkkveien 13, N-1383 Asker. If it is a complaint, we will pay your return postage.

- Upon complaint/repair, you will receive an email from us when we receive your package. We will confirm receipt of all complaints in writing to the email address you have registered. We will also confirm receipt of items sent back to us or our service workshop for inspection or correction in writing.

9. Right of Withdrawal

The Right of Withdrawal Act gives you the right to cancel your purchase. The right of withdrawal applies to goods and certain services (see exceptions in the last paragraph). The right of withdrawal assumes that you notify us within 14 days after receiving the delivery (withdrawal period). For purchases made between October 15 and December 24, the withdrawal period is extended to January 15. When returning Christmas gifts, the person who ordered the gift must return it. The refund is then made in Klarna Checkout to the card registered there. For size exchanges, you must order the item again. If you have not received the withdrawal form either in the order confirmation or upon delivery of the products, this period is extended to three months. To exercise the right of withdrawal, the product must be delivered to us in approximately the same quantity and condition as you received it.

All products must be returned to us within a reasonable time. The package contains a pre-filled return label. If you have lost this, you must cover the return costs yourself. We bear the risk for the transport back to us. We are obligated to refund you the amount you paid, excluding shipping costs to you. The refund will take place within fourteen days after we receive the product from you or a retrieval notice, or the product is made available to us.

The product is sent back to us, if possible, in its original packaging, together with the withdrawal form and receipt.

10. Personal Data

We are committed to privacy and the security of our customers. Your contact information is used to handle shipping, warranty, complaints, and the right of withdrawal. We do not send advertising to you unless you have consented to this by opting in to receive newsletters or SMS from us. We only store your postal address, phone number, and email address. Payment information is handled via Klarna. This is basic information we need to register you and send you goods.

Purchase history with an overview of your purchases is not deleted but stored on "My Page" in our online store.

For detailed information on privacy at bergans.com, read our Privacy Policy. For general insight, you can read the Personal Data Act and the Personal Data Regulations at www.lovdata.no.

11. Retention of Title

We retain title to the delivered products until the purchase price, including interest and costs, is paid in full.

12. Disputes

The parties shall attempt to resolve any disputes amicably. If this is not successful, you may bring the matter to the Consumer Council near your residence. All disputes shall be resolved in accordance with Norwegian law. By purchasing from nettbutikk.bergans.com, you agree that Norwegian legislation will apply. If the matter is brought to court, it shall be resolved in your (the buyer's) legal venue, which will typically be near your residence. If you have any complaints regarding privacy, you can send an email to personvern@bergans.com.

13. Cookies

The website uses cookies. A cookie is a small text file that stores information on your computer. We use cookies to improve the website's functionality and convenience for our customers. You can view and change your cookie settings here.

14. Links

The website may contain links to other websites. Bergans Retail AS cannot be held responsible for the content or privacy policies of these websites.

15. Reporting

If you encounter inappropriate content or have questions about these terms, please contact kundesenter@bergans.no.

16. Copyright

Bergans Retail AS has a policy to remove or disable access to material that infringes copyright. If you believe content infringes your copyright, you can contact Bergans Retail AS at phone number 32 25 25 00 or kundesenter@bergans.no.

17. Breach

Bergans Retail AS reserves the right to take legal action for breaches of these terms, including the right to block access to the website.

18. Force Majeure

Events such as war, natural disasters, strikes, governmental decisions, failed deliveries from suppliers, and similar events beyond Bergans Retail AS's control, which are not reasonably foreseeable, constitute force majeure. This means that Bergans Retail AS is released from its obligations to fulfill contractual agreements.