Terms of Service
1.- Prior Information and Acceptance of the Terms and Conditions
These Terms and Conditions will govern the access and use by third parties (hereinafter referred to as “Users“) of the website https://bebergner.com/ (hereinafter referred to as the “Website“), owned by BERGNER EUROPE, S.L., (hereinafter referred to as “BE BERGNER“), with Tax ID B50741925, and registered office at Carretera del Aeropuerto Km. 4, planta 3 Edificio San Lamberto, 50011, Zaragoza.
The User can contact BE BERGNER through the contact form or by phone at (+34) 976 10 85 38.
The User must accept these Terms and Conditions before confirming a purchase.
By accepting the Terms and Conditions, the User agrees to act at all times in accordance with the provisions set forth in this legal document, which defines the rights and obligations of BE BERGNER and the User concerning the contractual relationship derived from the use of the services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to specific conditions that may apply to certain services) and replace any other conditions.
Access to and navigation on the Website will not require User registration.
2.- Purpose
This Website has been developed by BE BERGNER to offer Users products consisting of household items and small appliances (hereinafter referred to as “Products”).
The Products are aimed at consumer users.
3.- Operation of the Website and User Obligations
To enable Users to enjoy the products offered by BE BERGNER through the Website, the following must be considered:
User Registration
To purchase the Products made available to Users, the Website offers Users the possibility to create an account through an online form that must be completed with the required information.
BE BERGNER will provide personal passwords to the User who registers on the Website. These passwords will be used to access the services provided through the Website.
Users will be fully responsible for the use of their User accounts. Consequently, Users are responsible for the proper custody and confidentiality of the username and/or passwords that allow access to their account and agree not to transfer their use to third parties, whether temporarily or permanently, nor to allow access to third parties.
In this regard, Users must immediately notify BE BERGNER via the contact form of any improper use of their username and/or password, due to circumstances such as theft, loss, or unauthorized access, so that BE BERGNER can proceed with their cancellation or blocking and/or disablement as soon as it becomes aware of the improper use of the User Account. Until such facts are communicated, BE BERGNER will be exempt from any liability that may arise from the improper use of usernames or passwords by unauthorized third parties.
In this sense, Users assume full responsibility for the use they make of the Website. The Website may provide Users with access to a large amount of text, graphics, drawings, designs, photographs, multimedia content, and information (hereinafter referred to as “Content”) belonging to BE BERGNER or third parties.
Users agree to make lawful, diligent, honest, and correct use of any information or Content accessed through the Website, all under the principles of good faith and respecting current legislation and these Terms and Conditions.
Without limitation, Users agree not to use such Content or Services to:
- Make unauthorized or fraudulent use of the Website.
- Access or attempt to access restricted resources of the Website.
- Use the Website for unlawful, illegal purposes and/or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that may in any way damage, disable, overburden, or impede the normal use or enjoyment of the Website.
- Cause damage to the Website or third-party systems.
- Introduce or spread computer viruses or any other physical or logical systems that may cause damage to BE BERGNER or third-party systems.
- Attempt to access, use, and/or manipulate BE BERGNER’s data, other Users’ data, or third-party data.
- Reproduce, copy, distribute, transform, or modify the contents, allowing access to third parties through any form of public communication, unless authorized by the holder of the corresponding rights or legally permitted.
- Obtain or attempt to obtain the contents by means or procedures other than those that have been made available for this purpose.
- Attempt to access and/or use other Users’ email accounts and/or modify or manipulate their messages.
- Users shall not transmit their username and password to unauthorized third parties and shall immediately inform BE BERGNER of any unauthorized access by a user.
- Additionally, Users agree to keep their account information accurate, complete, and up to date (name, surname, address, phone number, email, etc.).
In this regard, BE BERGNER reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of Services in cases where the Website is misused, and may also take all legal actions that may be appropriate, with the User being responsible for any expenses that such acts may cause, as well as for damages incurred.
In this sense, BE BERGNER declares that it has enabled appropriate mechanisms to detect any possible fraudulent, anomalous, or malicious activities intended to alter the conditions for using the user account.
Furthermore, BE BERGNER reserves the right not to grant a user account when there are reasonable and well-founded grounds to believe that a user has violated these Terms and Conditions.
User Account
Once the User has created an access account on the Website, they will have access to a profile where they can complete their personal information.
The User guarantees that their data will be accurate, current, and truthful. Additionally, they may cancel their account on the Website at any time by contacting BE BERGNER through the contact form.
Operation of the Website
Once the User account is created, the User can proceed to purchase any of the Products offered on the Website. Once the products have been selected and added to the cart, the User can proceed to payment.
BE BERGNER may temporarily suspend access to the Website without prior notice for maintenance, repair, updating, or improvement operations. However, whenever possible, BE BERGNER will inform Users in advance of the expected date for the suspension of Services.
4. Terms of Sale
BE BERGNER makes the Products offered available to Users for purchase. BE BERGNER will indicate at all times which Products are available for purchase by the User.
The User can access the essential characteristics of each Product through its description on the Website. The data included on the Website in the descriptions of the Products serve only an informative function.
Therefore, BE BERGNER disclaims any responsibility for errors in such information, although it commits to taking all measures within its power to correct the aforementioned errors or omissions as soon as possible after being informed of them.
BE BERGNER reserves the right to modify the Products offered to Users through the Website. In particular, BE BERGNER may at any time add new Products to those offered or included on the Website, understanding that unless otherwise provided, these new Products will be governed by the provisions of these Terms and Conditions.
The Products included on the Website will correspond as closely as possible to the actual products offered, as web display technology allows.
All Products that appear on the Website are subject to availability. BE BERGNER constantly and automatically updates the Website to ensure the maximum correspondence between the actual availability of the Products and the information available on the Website.
5. Prices and Payment Methods
Once the User has selected the Products, they must verify that the contents of their order are correct and proceed to payment. In this regard, to proceed with the payment of their order, the User must identify or register before proceeding to payment.
All prices of the Products indicated on the Website are expressed in Euros and include VAT and any other applicable taxes.
The User may pay the amount corresponding to their order using the payment methods accepted on the Website:
- VISA/Mastercard
- Paypal
- ShopPay
In any of the options chosen by the User, BE BERGNER will always send an email to the User confirming the details of the purchase made and the corresponding invoice or receipt once the order has been completed, i.e., after accepting these Terms and Conditions and making the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, following the required security protocols and services.
The User must notify BE BERGNER of any improper or fraudulent charge on the card used for purchases through the contact form as soon as possible so that BE BERGNER can take appropriate action.
Under no circumstances will any data related to the User’s credit card be stored.
6.- Delivery Times, Shipping Costs, Place of Delivery, and Losses
Product Delivery
BE BERGNER commits to delivering the Product in perfect condition to the address indicated by the User. To optimize delivery, the User should indicate an address where the order can be delivered during regular business hours.
However, BE BERGNER will not be responsible for errors in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false, or has been omitted.
Notwithstanding the above, BE BERGNER commits to taking the measures within its reach to ensure that orders are delivered within the agreed time and, if not, as soon as possible, to the satisfaction of the recipient.
If the User cannot be located at their address, the courier company will leave a notice indicating where the order is located and how to proceed with its collection.
Delivery Time
Orders are shipped through the courier company Correos Exprés, with a delivery time of 24-48 hours, excluding weekends and holidays.
All orders placed before 14:00 hours will be shipped the same business day, and orders placed after that time will be shipped the following business day.
BE BERGNER ships throughout Spain, except for the Canary Islands, Ceuta, and Melilla. Shipping costs amount to €3.99, with free delivery for orders over €50.
The User can view the status of their order by accessing their account, where they will obtain real-time information on the different stages (awaiting payment, in preparation, shipped, delivered, etc.).
7.- Returns, Exchanges, and Right of Withdrawal
Warranty for Manufacturing Defects
The return of Products with manufacturing defects can be made within three years from the Product’s purchase, per the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws that may apply.
Defects or damage due to incorrect use or handling of the Product by the User are not included in this warranty.
It will be understood, unless proven otherwise, that the Products comply with the contract as long as they meet all the following requirements: a) They correspond to the description provided by BE BERGNER and have the qualities of the Product that BE BERGNER has presented to the user; b) They are suitable for the uses to which Products of the same type are typically intended; c) They present the quality and performance usual in a Product of the same type that the consumer and user can reasonably expect, considering the Product’s nature.
Returns in case of defects or damage will be made at no cost to the User, provided that it has been agreed with BE BERGNER and that the transportation service for the return has been specifically contracted by BE BERGNER. Except in cases where the parties have agreed otherwise in writing (email, etc.), BE BERGNER will not refund any transportation costs incurred or personally contracted by the User.
To proceed with the return due to defects or damage, the User must send the following information through the contact form or, where applicable, to the postal address Polígono Industrial San Miguel C/ Río Piedra S/N – 50830-Villanueva de Gállego, Zaragoza, indicating that they wish to manage a return along with the following information:
Sample Form:
“To the attention of BERGNER EUROPE S.L. Polígono Industrial San Miguel C/ Río Piedra S/N – 50830-Villanueva de Gállego, Zaragoza.
I hereby inform you of the intention to proceed with the return of the following Product:
- Order received on (day/month/year)
- Defects or damage detected by the user
- Name of the consumer and user
- Address of the consumer and user
- Signature of the consumer and user (only if submitted on paper)
- Date”
BE BERGNER will arrange the collection with the carrier at the address indicated by the User. If the User no longer has the cardboard box and packaging in which they received the ordered products, BE BERGNER recommends using wrapping to prevent the Product from being damaged during transportation.
BE BERGNER will refund the User the price paid for the Products after receiving them or, where applicable, after the User provides proof that they have returned them. The refund will be made using the same payment method as the payment was made without undue delay and, in any event, within a maximum of 14 days.
Right of Withdrawal
The User has the right to withdraw from the contract within 14 calendar days from the day the Products were received, without any penalty and without needing to indicate the reasons. The withdrawal period will expire 14 calendar days after the day the User or a third party indicated by the User, other than the carrier, acquired physical possession of the last of the Products.
To exercise the right of withdrawal, the User must notify BE BERGNER through the information provided below of their decision to withdraw from the contract, or through an unequivocal statement (for example, contact form, a letter sent by postal mail, fax, or email). To meet the withdrawal deadline, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding deadline expires.
Sample Form:
“To the attention of BERGNER EUROPE S.L. – Polígono Industrial San Miguel C/ Río Piedra S/N – 50830-Villanueva de Gállego, Zaragoza.
I hereby inform you of the intention to exercise the right of withdrawal concerning the following Product:
- Order received on (day/month/year)
- Name of the consumer and user
- Address of the consumer and user
- Signature of the consumer and user (only if submitted on paper)
- Date”
Once the withdrawal form is received, BE BERGNER will arrange the collection with the carrier at the address indicated by the User. If the User no longer has the cardboard box and packaging in which they received the ordered Products, BE BERGNER recommends using wrapping to prevent the Product from being damaged during transportation.
In the event of withdrawal, BE BERGNER will refund the payments received from the User, except for shipping costs, without undue delay and, in any event, no later than 14 calendar days from the date on which it is informed of the decision to withdraw from this contract.
BE BERGNER will proceed with such a refund using the same payment method used by the User for the initial transaction unless the User has expressly indicated otherwise. In the event of withdrawal, the User must bear the transportation costs incurred to return the Product.
BE BERGNER may withhold the refund until it has received the Products or until the User has provided proof of returning them, depending on which condition is met first.
The User may not exercise their right of withdrawal if the Product has been unsealed and used, per paragraph (e) of Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
Right to Repair and After-Sales Services
BE BERGNER guarantees the existence of an adequate technical service and spare parts for the Products for a minimum period of 10 years from the date the product is discontinued, per Article 127 bis of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
8.- Disclaimer of Liability
BE BERGNER does not provide any guarantees and is not responsible, in any case, for any damages of any kind that may arise from accessing or using the contents of the Website. Among others, and not limited to, BE BERGNER is not responsible for the following circumstances:
- The lack of availability, maintenance, and effective operation of the Website and/or its services or content, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
- The lack of usefulness of the Website or the content for any service. and the persons or entities that own such content or those who own the sites where the content is located.
- The existence of viruses, malicious or harmful programs on the Website.
- The unlawful, negligent, fraudulent use of the Website or its contents by Users, including any infringement of BE BERGNER’s or third parties’ Intellectual and/or Industrial Property rights.
- Incidents caused by a lack of due diligence on the part of the User or by improper use of the Website.
- The publication on the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions, applicable laws, or third-party rights.
- Cases of force majeure, understood as failure, suspension, or interruption of the services or use of the Website as a consequence of power restrictions, blockage of telecommunications or Internet networks, actions or omissions of third parties, telecommunications operators, or service, supply, or transportation companies, or any other causes or circumstances independent of BE BERGNER’s will that prevent the normal use of the Website.
9.- Intellectual and Industrial Property
The User acknowledges that all elements of the Website and each of the products, information, and materials contained therein, the brands, the structure, selection, arrangement, and presentation of their contents, and the computer programs used in relation to them, are protected by Intellectual and Industrial Property rights of BE BERGNER itself or third parties, and that these Terms and Conditions do not grant them any rights over such Intellectual and Industrial Property rights other than those specifically provided for herein.
Therefore, under the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying, and harmonizing the applicable legal provisions on the matter (hereinafter referred to as the “Intellectual Property Law”), as well as Law 17/2001, of December 7, on Trademarks and the complementary legislation on Intellectual and Industrial Property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, on any medium and by any technical means, is expressly prohibited without the express written authorization of BE BERGNER.
Specifically, and under the provisions of national, European, and international regulations on Intellectual Property, the use of all or part of the contents of this web page, and in particular the content created by BE BERGNER, for commercial purposes, on any medium and by any technical means, is expressly prohibited without the authorization of BE BERGNER.
The User shall use the materials, elements, and information accessed through the use of the Website solely for their own needs, committing to not directly or indirectly engage in commercial exploitation of the materials, elements, and information obtained through the Website.
The User agrees to respect BE BERGNER’s Intellectual and Industrial Property rights. The User must refrain from deleting, altering, circumventing, or tampering with any protection devices or security systems installed on BE BERGNER’s Website.
BE BERGNER does not grant any license or authorization of use of any kind on its Intellectual and Industrial Property rights or any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, license, or total or partial transfer of such rights by BE BERGNER.
Any unauthorized use of these contents by BE BERGNER will be considered a serious breach of Intellectual or Industrial Property rights and will give rise to the legally established liabilities.
10.- Modifications
BE BERGNER reserves the right to make as many changes as it deems appropriate to these Terms and Conditions, in which case Users will be notified in advance. These modifications will be valid from their publication on the Website.
11.- Severability Clause
All clauses or provisions of these terms of use must be interpreted independently and autonomously, and the other provisions shall not be affected in the event that one of them is declared null and void by a final judicial or arbitral decision. The affected clause or clauses shall be replaced by another or others that preserve the effects intended by the Terms and Conditions.
12.- Alternative Dispute Resolution
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes, the Platform informs Users residing in the European Union that they may access the “Online Dispute Resolution Platform” developed by the European Commission to attempt to resolve extrajudicially any dispute arising from the contractual relationship between the parties.
If you wish to access the “Online Dispute Resolution Platform,” you can do so through the following link: https://ec.europa.eu/consumers/odr/.
13.- Jurisdiction and Venue
These Terms and Conditions are governed by Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User’s place of residence.