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Terms and Conditions
APPLIES TO PURCHASES IN NORWAY:
UPDATED 27.MARCH 2019.
Sale on www.bergans.com are for now only available in Norway. The conditions of sale are numbered consecutively in the event of amendments.Only persons over the age of 18 are permitted to make online purchases from www.bergans.com. If you are younger than 18, you have to ask a person older than 18, for example a parent or guardian, to make the purchase for you. We make deliveries to Norway, including Spitsbergen. Your VISA or MASTERCARD will be charged once the goods have been sent from our warehouse. Bergans does not provide a cash on delivery service.
Consumer purchases in Norway are governed by Norwegian legislation, including the Consumer Purchases Act, the Consumer Purchases Cancellation Act, the Marketing Control Act, the Personal Data Act, the Electronic Commerce Act and the Act relating to the Sale of Goods on Credit. Click on the links to the above-mentioned Acts for more information on your rights and obligations when making purchases. Where the conditions of sale stipulate a requirement for a written agreement, this requirement can be met by means of email, a text message via mobile phone, a letter, fax etc.
1.PARTIES TO THE AGREEMENT
The seller is Bergans Retail AS, P.O. Box 293 Loesmoen, NO-3301 Hokksund. Organization no.: 916 293 623 . Telephone: +47 32 25 25 00, fax: +47 32 25 25 10, email: email@example.com. The seller is hereinafter referred to as "we" or "us". The buyer is: the person stated as the buyer in the order, hereinafter referred to as "you" or "your".
2. ORDER AND AGREEMENT PROCESS
Your order is binding once it has been registered on our server (computer). We are simultaneously bound by your order, provided this does not deviate from the offer made by us in our online shop, our marketing material or other means. However, you are entitled to cancel the purchase pursuant to the Consumer Purchases Cancellation Act, ref. section. 09. Once we receive your order, we will confirm the order and automatically send an order confirmation to you. Please read the order confirmation carefully when you receive it, and make sure the order confirmation is in accordance with your order.
Any deviations between your order and the order confirmation are categorized as a new offer from us, which you can accept or reject. However, you are entitled to claim receipt of your original order provided this corresponds with the offer made by us. There may be exceptions to the above, ref. paragraph. 3. If you have ordered more than one product, the entire order may be delivered in several parts. You can find more information on your order under paragraph 5 and by clicking "Min side" (My Account) at www.bergans.com or by sending an email to firstname.lastname@example.org
3. INFORMATION PUBLISHED ON WWW.BERGANS.COM
We do our utmost to ensure that the information we provide to our customers regarding our products is as correct as possible. Nonetheless, we cannot be held liable for any printing/spelling errors or errors in images that may occur and prevent us from delivering in accordance with the information published on our web site, our marketing material or other means.Furthermore, we reserve the right to cancel your order or parts of your order if the product is out of stock or held for resale. If a product is out of stock, you will be notified and may also receive information at the same time of other products that we can offer as replacement. You will be given the option to accept our new offer with the changes we have specified, or to cancel your order.
All prices include VAT. The total cost of purchases in Norway will be specified before you make your order and will include all expenses related to the purchase, such as postage, freight, packaging, environmental fees etc.
You can make payment securely by card, and the purchase amount will be reserved on your card once the order confirmation has been sent. We have an excellent payment security system that ensures proper treatment of an authentic order. When you make an online purchase, the payment is processed by our terminal supplier Nets, who provide a secure electronic payment system for Visa and MasterCard. All card data is archived in accordance with the regulations specified by the card issuing companies. If it is not possible to reserve the purchase amount, we reserve the right to cancel the order. You will receive notification of cancellation. Your card will be charged once the goods have been sent. If your goods are sent as part-deliveries, your card will only be charged for the goods sent in each part-delivery.
6. DELIVERY AND DELAYS
Delivery of the products shall comply with the method, time and date stated on the order confirmation. This is normally two to seven working days. We retain liability for the products until they are taken over by the buyer, i.e. when you have received the products. If delivery of the products is delayed, we will inform you of the delay as soon as we are aware of it, and will simultaneously provide information on when delivery can take place, or if the product(s) is out of stock. You can follow your orders by going to "Min side" (My Account).
7. INSPECTION OF THE PRODUCTS
Once you have received your products, you should inspect the delivery as soon as possible to make sure it corresponds with the order confirmation, whether the products have been damaged during transport or whether the products have other faults or defects.
8. COMPLAINTS & GUARANTEE
If the products have faults or defects, and according to circumstances, you may claim rectification of the fault or defect, re-delivery, a price reduction, replacement or cancellation of the purchase. The defect must exist when you first receive the products. We will carry out an assessment to determine whether we can repair the product if it is not possible to send a new product, for example if the product is no longer in production or that your request represents an unreasonable expense.
Moreover, Bergans offers a two to five year limited guarantee to cover production faults and material defects. Damage caused by normal use and wear and tear is not covered by this guarantee. If possible, such damage may be repaired at the buyer's expense.
Production faults and material defects are inherent defects, i.e. defects that were present when the product was purchased in the shop. Such a fault/defect will normally emerge at an early stage. If a product is older than two years and the complaint cannot be defined as a complaint pursuant to the Consumer Purchases Act, the product will be evaluated individually based on utilization and condition.
The following should be assessed before sending in the product:Cord fastener doesn't work:Check to make sure it is activated by pinching it until you hear a "click". If it still isn't working, send it in to us.Zip won't close: If the problem is with a two-way zip, check that both zip sliders are right at the base of the zip before attempting to close it. If it still won't close, send the product in to us. Do I need to send in the whole product? If just parts of the product can be sent in for refurbishment or repair, then this is preferable.
If the product is worn out (irrespective of age), this will not be considered as a guarantee claim. Products worn out by extended use will not be accepted for repair. Products sent in to us must be clean/freshly laundered. Bergans will return products that are not clean/freshly laundered at the sender's expense without repair/treatment. Soiling is not accepted as grounds for complaint – try stain remover.
HOW TO REGISTER A COMPLAINT/REPAIR
If you purchased the product from one of our dealers, please contact the shop where you bought the product. If this is not possible, you can send the product to us. The following will then apply:If you are not registered as a customer with us and do not have a customer number, you have to register as a new customer at www.bergans.no This will allow us to keep in touch with you and inform you of the status of your complaint/repair. If you need help registering as a customer, call our customer service center on telephone +47 32 25 25 00, or send a email to email@example.comWe also request that you fill in a complaints form describing the damage to the product and enclose the form when you send us the product. You can download the complaints form here »Send the form by mail to Bergans Fritid AS, Loe Bruk 9, NO-3300 Hokksund. If the matter involves a complaint, we will pay for the return postage.
You can follow the progress of your complaint/repair on "Min side" (My Account) on the online shop, and you will also receive a mail from us when we receive your package. We will send written confirmation of receipt of all complaints to the email address you have registered under "Min side" (My Account). We will also send written confirmation of receipt of products returned to us or our service workshop for inspection or rectification.
9. RIGHT TO CANCEL PURCHASES
The Consumer Purchases Cancellation Act entitles you to cancel a purchase. The Act applies to goods and individual services (see exceptions in last paragraph). The right to cancel a purchase is conditional upon you notifying us of the cancellation at the latest within 14 days of your receipt of the product (cooling-off period). If you have not received the purchase cancellation form either with the order confirmation or with the product itself, this cooling-off period is extended to three months. In order to exercise your right to cancel a purchase, the product must be delivered to us in approximately the same volume and condition as when you received it.
All products shall be returned to us within a reasonable time frame. You must pay for postage for any returns. We are liable for products transported back to us. We are obliged to refund all your expenses including postage for the package sent to you. These expenses shall be refunded within 14 days after we receive the product from you or the pick-up note or product is made available to us.
The product shall be sent back to us, if possible, in its original packaging, together with the purchase cancellation form and receipt. More detailed information on how to exercise the right to cancel a purchase can be found on the purchase cancellation form. You can download the purchase cancellation form here »
10. PERSONAL DATA
Protection of personal data and security for our customers are important for us. If you want to make purchases from our online shop, you have to register as a customer first. The data you provide when registered will only be utilized by Bergans in order to send your product via our transport agents and to be able to process any guarantee claim, complaint or right to cancel the purchase. We do not send advertisement to you unless you consent to receiving advertisements by registering to receive our newsletter. We only archive your address, telephone number and email address. Information regarding your payment is sent via your card issuing company. This is fundamental information that we need to register you as a customer, and to send products to you. Our transport agents also require information such as your address and telephone number so they can contact you when delivering the products you have ordered.Historical data of your purchases is not deleted, but archived on "Min side" (My Account) on our online store.
11. SECURITY FOR UNPAID PURCHASES
We have security in delivered products until the purchase amount including interest and expenses has been paid in full.
The parties shall attempt to solve any disputes out of court. If this is not successful, you can take your claim to your local Consumer Council. All disputes shall be solved pursuant to Norwegian legislation. When you make a purchase from bergans.no online shop, you accept that the purchase is governed by Norwegian legislation. If a claim is taken to court, it shall be solved in your (the buyer's) legal venue, or normally close to where you live.
The web site may contain links to other web sites. Bergans Fritid AS cannot be held liable for the contents of or personal data regulations that apply to these web sites.
Bergans Retail AS follows a policy to remove or deactivate access to material that is in violation of copyright. If you believe that any content is in violation of your copyright, please contact Bergans Retail AS, telephone +47 32 25 25 00 or firstname.lastname@example.org
Bergans Retail AS reserves the right to take legal action against any breach of these terms and conditions, including the right to block access to the web site.
18. FORCE MAJEURE
Incidents such as war, natural disasters, strikes, public resolutions, unsuccessful deliveries from subcontractors, and the like over which Bergans Retail AS does not have control, which cannot be classified as reasonably foreseeable, are designated as force majeure incidents, implying that Bergans Retail AS is exempt from all obligations to fulfill contractual agreements