Terms and Conditions

Updated: 27.11.2024

These Terms and Conditions apply to all purchases of products from www.bergans.com ("the website") to consumers. These terms, together with your order, confirmed by an order confirmation, constitute the complete and binding contractual basis for your purchase.

1. Parties

The seller is Bergans Fritid AS, Hagaløkkveien 13, N-1383 Asker. Org. no.: 960 400 917, telephone: +47 32 25 25 00, e-mail: kundesenter@bergans.no and will be referred to in the following as "we" or "us". Buyer is: the person stated as the buyer in the order, and is hereinafter referred to as "you", "your" or "yours".

2. Prices

The prices listed on www.bergans.de apply at the time of ordering. All prices on the website include local VAT but exclude delivery costs. Information about the total amount to be paid by you, including environmental fees, if applicable, and all other fees and delivery costs, will be provided during the order process before payment is made. There are no hidden costs.

Product prices are as displayed on the website, except in cases of obvious error. The following currencies apply:

Euro: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain.

Disclaimer: We reserve the right to price changes, price errors and stock availability. We reserve the right to cancel your order or part of it if an item is out of stock. If the cancellation only affects part of your order, the remaining items will be shipped.

Offers and discount codes: Offers are valid while stocks last, and within specified time frames. Discount codes only apply to ordinary goods and only one discount code can be used per order, unless otherwise stated. Some discount codes are personal, and we reserve the right to refuse sales and deactivate discount codes if misuse is suspected.

Special offers: For special offers that require the purchase of a certain item to receive an additional item, this requirement must be met. If you return goods so that the requirement is no longer met, we will charge you for the ordinary price of the bonus item.

3. Entering into the Agreement

• Your order becomes binding when it is registered on our server. We are also bound by your order if it does not deviate from what is offered by us on our website, in our marketing, or otherwise. However, you have the right to cancel the purchase under the Right of Withdrawal Act (see Section 9 for more details).
• We will acknowledge receipt of your order via email. This is not an acceptance of the order. Acceptance will occur once we send you an order confirmation, which indicates that the product has been dispatched.
• If there are discrepancies between the order and the order confirmation, you must report them as soon as reasonably possible either via customer service at kundesenter@bergans.no or by calling us at +47 32 25 25 00.
• In case the product is out of stock, we may offer you alternative products or notify you of a delay.
• By shopping on the website, you confirm that you are 18 years or older, legally capable of entering a binding contract, and purchasing for personal use and not for resale. We reserve the right to cancel orders made by those acting in a business capacity.

4. Payment

Choose from various payment options, including Klarna for Buy Now, Pay Later, allowing you to split your payments over time with no interest or fees, depending on your plan. We accept the following payment methods:

Credit/Debit Cards: Visa, Mastercard
Alternative Payment Methods: Klarna

Payment will not be charged until the product has been dispatched. The total purchase amount will be authorized on the payment card used at the time the order is placed.

• If the payment method is declined, we reserve the right to cancel the order. You are responsible for ensuring that the payment information provided is accurate.
• Invoices and credit notes are sent exclusively in digital/electronic form.
• Possible credit notes are automatically issued to the account used by the customer for payment. In the case of payment by invoice, the credit will be issued to the account from which the transfer was made. If the customer has paid by credit card, the refund will be made to the associated credit card account.

Your payment information is encrypted and only forwarded in protected form via the Internet. Payment is made via our payment processor Adyen, which meets the required security standards. Read Adyen’s terms and conditions here.

5. Delivery and Return

• Delivery is made to the address specified in the order confirmation.
• Delivery times vary based on your chosen method and your location but typically range from 2-5 business days. Longer delivery times may occur during holidays and some seasonal campaigns.
• We are responsible for the products until they are delivered to you or to the pickup point, as agreed. If there are delays in delivery, we will inform you as soon as we are aware and provide an updated delivery estimate.
• The risk of damage or loss of the product is transferred to the customer at the time of delivery.
• Once your order is dispatched, you will receive tracking details and delivery notifications directly to your email

The packaging and shipping costs are 4,95 € for standard shipping. From an order value of 150 €, shipping is free of charge. The return costs are 4,95 € and will be deducted from the refunded amount. As soon as we have received the return shipment, we will refund the money minus the return costs. We refund shipping costs if you return your entire order, so you will only pay the return fee of 4,95 €. If you return only part of your order, you will have to bear the return costs yourself.

The right of return gives you the right to cancel your purchase. The revocation requires that you have returned your package within 14 days of receiving it from us.

To proceed with a return:

1. Take out the enclosed return form and indicate which products you wish to return and the reason for the return.
2. Put the return form and the items you want to return in the package.
3. Attach the enclosed return label to the outside of the parcel. Make sure you remove or cover the original label, otherwise the return may take longer to arrive.
4. Hand in the parcel at your nearest post office. The return costs of 4,95 € will be deducted from the refunded amount. Please make sure to keep your proof of postage.
5. As soon as we have received your return, we will refund you the money minus the return costs. If you paid by invoice via Klarna, inform Klarna about your return in the Klarna app.

NOTE! The items must not be used, all labels must remain on the garment. Underwear cannot be exchanged unless there is a defect.

6. Exchange Policy

If you wish to exchange a product for a different size, you can do so within 14 days of receiving the product by notifying us at kundesenter@bergans.no.

To proceed with an exchange:

1. Register the exchange at kundesenter@bergans.no.
2. You will receive a return label for return shipping. Return the item.
3. Make a new order with your wished product.
4. Once the returned item is received, you will get the return and shipping costs deducted from your new order.

7. Defective Products or Products Not in Accordance with the Order

• Upon receiving the product, you should inspect it to ensure it is in accordance with your order and free from defects or damage during transport.
• If you discover any defects or damages, or if the product differs from the order, please notify us immediately at kundesenter@bergans.no with a description of the defect and images that show the defect.
• We will cover the return shipping costs for defective products, and you are entitled to a full refund or replacement. If the product is not defective, we may offer a repair or replacement at our discretion.
• For warranty issues, we provide a 2-5 year warranty for manufacturing and material defects. The warranty does not cover wear and tear from normal use.

8. Ownership of the Product

Ownership of the product transfers to you only once we have received full payment for the product, including any applicable fees. If you fail to collect the product upon availability for delivery, you will be responsible for any loss or damage to the product.

9. Right of Cancellation (Right of Withdrawal)

Under the Right of Withdrawal Act, you have the right to cancel your purchase for any reason within 14 days from the day after you receive the product. The cancellation period is extended to January 15th for purchases made between October 15th and December 24th (i.e., the extended Christmas return period).

• If you wish to exercise your right of withdrawal, you must inform us within the specified period by contacting us at kundesenter@bergans.no.
• You are required to return the product to us in the condition you received it, in its original packaging (if possible), and without having used it. Items must be returned within a reasonable time from notifying us of your intent to withdraw.
• You will receive a full refund (excluding the initial delivery charges). We will process your refund within 14 days after we have received the returned product.

10. Data Protection and Privacy

We take your privacy seriously and comply with the General Data Protection Regulation (GDPR). Your personal data, such as contact and payment information, is collected to process your order and provide customer support.

• We will only use your personal data to process orders, resolve complaints, and communicate about products or services.
• We will not share your data with third parties without your consent unless required by law.
• You can access, amend, or delete your personal data by contacting us at kundesenter@bergans.no. For more information, please see our Privacy Policy.
• By signing up for our newsletter or using our services, you consent to the collection and use of your data in accordance with our Privacy Policy.

11. Cookies

Our website uses cookies to improve functionality and user experience. You can adjust your cookie settings in your browser at any time. By using our website, you consent to the use of cookies in accordance with our Cookie Policy.

12. Dispute Resolution and Jurisdiction

If any dispute arises, we encourage you to contact us to attempt an amicable resolution. If a dispute cannot be resolved amicably, it shall be governed by the laws of Norway. For buyers located in Sweden or Germany, applicable local consumer protection laws shall apply. Any disputes shall be subject to the jurisdiction of the competent court in your country of residence (Norway, Sweden, Germany).

13. Force Majeure

Events such as war, natural disasters, strikes, public decisions, failed deliveries from subcontractors and similar events beyond Bergans Fritid AS’ control, which are not reasonably foreseeable, fall under force majeure, which means that Bergans Fritid AS is released from its obligations to fulfill contractual agreement. This includes the following actions:

• Disruptions in the supply chain
• Cybersecurity breaches or IT system failures
• Actions of third-party providers (e.g., payment processor issues)
• Governmental or legal restrictions affecting e-commerce businesses

14. Promotional Campaigns and Discounts

From time to time, we may run special promotions or offer discounts on selected products.

• Discount Codes: If you are using a discount code, the discount will be applied at checkout. Each discount code may have specific terms and conditions, including expiry dates, product exclusions, and minimum purchase requirements. Discount Codes can only be redeemed during the specified period and only once as part of an order process.
• Sale Events: Prices for promotional events may be lower than the standard retail price. We reserve the right to limit the quantity of discounted items available per order.

15. Intellectual Property

All content, logos, images, and materials on our website are protected by copyright and other intellectual property laws. You may not use, copy, or distribute any content from the Website without our explicit permission.

16. Reporting and Breach

If you encounter any inappropriate content or have concerns regarding our Terms and Conditions, please contact us immediately at kundesenter@bergans.no. We reserve the right to take legal action for breaches of these Terms, including blocking access to the Website.

17. Colors

We have worked to show the colors on www.bergans.com as accurately as possible. However, since the colors you see depend on your device, we can't guarantee they will match the actual product.