Definitions and general comments

• Bergman Online Shop is part of Beauty Studio Hengelo.
• This entire website, including the name, design, layout, text and content, is protected by copyright. No part of this website may be used for other sites without authorisation. Pages may only be printed for personal use. The unlawful reproduction or distribution of the website or any part of it is prohibited and punishable, and will be combated using all available legal means.
• Although Bergman Online Shop devotes the greatest care to the content, we exclude all liability related to the information offered in any form whatsoever, and related to direct or indirect consequences of any inaccuracies in the information offered.
• Brand names, product names and images related to the range of products belong to the relevant providers.  

Terms and conditions of delivery

Article 1 Applicability
1.1. All offers, orders and agreements of Bergman Online Shop are subject to these terms and conditions of delivery. Accepting an offer or placing an order entails that the customer accepts the applicability of these terms and conditions.

Article 2 Offers and agreements
2.1. All offers by Bergman Online Shop are free of obligation, and Bergman Online Shop explicitly reserves the right to cancel offers. All offers apply based on availability. Prices may be changed at any time.
2.2. An agreement is made after the order is accepted by Bergman Online Shop. The acceptance of the order will be confirmed by e-mail and is binding on both parties. Bergman Online Shop is authorised to refuse orders or imposed certain conditions on delivery.
2.3. Subject to proof to the contrary, the accounting records of Bergman Online Shop and delivery service apply, and serve as proof of the orders placed with Bergman Online Shop, payments made and deliveries made by Bergman Online Shop. Bergman Online Shop acknowledges that electronic communication can be used as proof. The customer also acknowledges this by accepting these terms and conditions.

Article 3 Prices and payment
3.1. The prices stated for the products and services offered are in euros, inclusive of VAT and exclusive of shipping costs and any payment charges.
3.2 Shipping costs (Netherlands) are EUR 8.61, inclusive of VAT, for orders weighing up to 10 kg. For orders weighing more than 10 kg, the shipping costs (Netherlands) are EUR 1295, inclusive of VAT.
3.3. Payment can be made using "by iDEAL", "Payment in advance", "Payment on Delivery", "Paypal" (by credit card). An additional EUR 7.75 will be charged in the case of Payment on Delivery. . 
3.4. The customer must pay all other invoices without discount or compensation within 14 days after the invoice date. If payment is not effected within the payment term, Bergman Online Shop will also be entitled to charge the customer 1% interest per month as from the due date, with part of a month being counted as a full month. If payment is not received by the due date, Bergman Online Shop will send a reminder, for which Bergman Online Shop will be authorised to charge EUR 6.81 in administrative costs. The invoice is the e-mail the customer receives immediately after sending his order.
3.5. If, after having received the 2nd reminder, the customer has not paid or not paid in full or not paid before the due date stated in the reminder, Bergman Online Shop will have the right to charge the customer for the extrajudicial costs, including collection costs it has incurred. The customer is also required to pay any legal fees actually incurred/owed**.

Article 4 Orders and communication
4.1. Bergman Online Shop is in no way liable for misunderstandings, damage, delays or the incorrect communication of orders and notifications as a result of the use of the Internet or any other means of communication between the customer and Bergman Online Shop, or between Bergman Online Shop and third parties insofar as this pertains to the relationship between the customer and Bergman Online Shop. In the event of any questions or complaints, Bergman Online Shop will respond within two working days and endeavour to resolve the problems.

Article 5 Delivery and delivery date
5.1. Deliveries will be made exclusively to the delivery address designated by the customer.
5.2. Stated delivery dates are an indication and not a deadline. Bergman Online Shop is never liable for any loss or damage ensuing from the failure to meet a delivery date.
5.3. Products will be deemed to have been delivered when the recipient has taken possession of the products as evidenced by his/her signature.
5.4. Bergman Online Shop reserves the right to make partial deliveries, meaning that an order can be shipped in two or more parts.
5.5. Bergman Online Shop’s minimum term of delivery is 1 day and the maximum term of delivery is 30 days. If delivery has not been made by then, the customer will be entitled to terminate the agreement without any written notice of default.

Article 6 Incorrect delivery
6.1. The customer undertakes to determine upon delivery whether the goods delivered correspond with the agreement. If, after receiving the goods, the customer discovers that the goods delivered do not correspond with the order, he/she must contact Bergman Online Shop by e-mail at info@bergmanonlineshop.nl within two days. The customer will be asked whether he/she would like a new delivery or a refund. Customers can also use the e-mail address info@bergmanonlineshop.nl for other issues related to orders. Bergman Online Shop will respond to every complaint or incorrect delivery within two working days.

Article 7 Cancellation of an order
7.1. After the customer has received the product he/she ordered, the customer will have the option of terminating the underlying agreement with Bergman Online Shop within eight working days after receipt. The customer is not required to give a reason for terminating the agreement.
7.2. If the customer would like to terminate the agreement within this period, the customer must inform Bergman Online Shop in writing, by e-mail, letter or fax. After consultation with Bergman Online Shop, the customer must return the product to a return address designated by Bergman Online Shop. In that case, the customer must bear the costs and risk of returning the product.
7.3. If the customer has already made any payment at the time the customer terminates the agreement with Bergman Online Shop pursuant to the contents in Article 7 of these Terms and Conditions of Sale**, Bergman Online Shop will repay such payments to the customer within 14 working days after Bergman Online Shop has received the product back from the customer. The amount to be repaid will never exceed the total purchase price of the product or products returned.
7.4. Bergman Online Shop reserves the right to refuse to accept products returned or to only credit part of the amount already paid, if there is a suspicion that the product has already been opened, used or damaged and this can be attributed to the customer.

Article 8 Force majeure
8.1. Bergman Online Shop is not obligated to comply with any obligation vis-à-vis the customer if it is prevented from doing so as a result of a circumstance that cannot be imputed to it nor a circumstance for which it is responsible pursuant to the law, a legal act or prevailing public opinion.

Article 9 Retention of title
9.1. The title to the goods delivered passes once the customer has paid all that which he/she owes to Bergman Online Shop pursuant to any agreement. This risk related to the product passes to the customer when he/she signs for receipt. Bergman Online Shop bears the risk during transport.

Article 10 Intellectual property rights and industrial property rights
10.1. The customer must respect all intellectual and industrial property rights on the goods delivered by Bergman Online Shop fully and unconditionally.
10.2. Bergman Online Shop does not warrant that the goods delivered to the customer do not infringe any intellectual and/or industrial property rights of third parties, and accepts no liability whatsoever in the event of any third-party claim based on the assertion that an item delivered by Bergman Online Shop infringes any third-party right.

Article 11 Liability
11.1. Bergman Online Shop’s liability for loss or damage that can be attributed to its intent or gross neglect will never exceed the invoice value.
11.2. Bergman Online Shop is not liable for any loss or damage resulting from printing errors, any incorrect or unclear information or other misinformation on the website, even if Bergman Online Shop has already been informed.
11.3. Bergman Online Shop is not liable for any loss or damage ensuing from allergic reactions related to the use of products delivered by Bergman Online Shop, even if Bergman Online Shop has already been informed.

Article 12 Personal data
12.1. The personal information provided by the customer will be saved in a file. The information will be used only for the purpose of filling the customer’s order.
12.2. Bergman Online Shop will never sell or lease customer information to third parties.

Article 13 Miscellaneous
13.1. If the customer informs Bergman Online Shop of a delivery address in writing, Bergman Online Shop will be authorised to send all orders to that address unless the customer informs Bergman Online Shop in writing, by e-mail, fax or letter, of a different delivery address for the customer’s orders.
13.2. If Bergman Online Shop allows deviations from these conditions for a longer or shorter period, tacitly or otherwise, this does not diminish its right to demand immediate and strict compliance with these conditions. The customer can never assert any right on the basis of the flexible application of these conditions by Bergman Online Shop.
13.3. Bergman Online Shop is at all times authorised to amend these conditions and the content of the Bergman Online Shop and Beauty Studio Hengelo.
13.4. Beauty Studio Hengelo is registered with the Chamber of Commerce under number 06088564.

Article 14 Applicable law and competent court
14.1. All rights, obligations, offers, orders and agreements to which these conditions are applicable, are governed by the laws of the Netherlands.
14.2. Any disputes between the parties will be brought exclusively before the competent court in the Netherlands.

Beauty studio Hengelo
Valeriusstraat 17
NL-7557 RW Hengelo        
Tel: 074 - 2506540
Fax 074 - 2596133

CC: 06088564
VAT no.: NL056903145B01

BANK DETAILS:

Bank: Rabobank
Bank account number: 397 5745 25

Payment from abroad
IBAN: NL33 RABO 0397 5745 25
BIC: RABONL2U

Your order will be shipped immediately after we have received it.
If you have any questions related to your order, Please send an e/mail to info@bergmanonlineshop.nl.