​Company: Timo Kaiser (trading as "bergkaiser.de")

As of: June 09, 2025

 

§ 1 Scope, Definitions

 

(1) The following General Terms and Conditions (GTC) apply to all contracts for the sale and delivery of goods between the company Timo Kaiser, Heidsteige 9, 74549 Wolpertshausen (hereinafter "Provider") and its customers (hereinafter "Customer") in their version valid at the time of the order.

(2) These GTC apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and insofar as the Provider has expressly agreed to their validity in writing.

(3) A Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity (§ 13 German Civil Code - BGB). In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

(4) In addition to these GTC, our data protection declaration applies, which can be accessed under the "Data Protection" section on our website and contains provisions for handling your personal data.

 

§ 2 Offer and Conclusion of Contract

 

(1) The presentation of goods in the Provider's online shop (at bergkaiser.de) does not constitute a legally binding offer, but is merely a non-binding invitation to the Customer to order goods (so-called "invitatio ad offerendum").

(2) The Customer can select products from the Provider's assortment and collect them in a shopping cart by clicking the "Add to Cart" button.

(3) By clicking the "Order with obligation to pay" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can view, change, and correct the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these contract terms by clicking the checkbox "I have read and accept the GTC" and thereby included them in their offer.

(4) The Provider will then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer.

(5) The purchase contract is only concluded by the Provider's declaration of acceptance, which is sent with a separate email (order confirmation) or by dispatching the goods. In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC, and order confirmation) will be sent to the Customer by the Provider on a durable medium (email or paper printout) (contract confirmation).

(6) The contract is concluded in German.

 

§ 3 Storage of the Contract Text

 

The Provider saves the contract text and sends the Customer the order data and the GTC by email. The GTC can also be viewed on this page at any time. The Customer can view past orders in their customer account, if they have created one.

 

§ 4 Prices, Payment Terms, and Shipping Costs

 

(1) All prices stated on the Provider's website are final prices in Euros (€) including the respective statutory value-added tax.

(2) The corresponding shipping costs will be indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer exercises their right of withdrawal. For orders with a value of €49 or more, BERGKAISER delivers free of charge. Customer account members also receive free shipping.

(3) The goods are shipped via DHL or Hermes. The Provider bears the shipping risk if the Customer is a consumer.

(4) The payment methods indicated during the order process are available to the Customer. The Provider reserves the right to exclude certain payment methods in individual cases.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by failing to meet the deadline. In this case, they must pay the Provider default interest for the year at a rate of 5 percentage points above the base interest rate.

 

§ 5 Delivery and Retention of Title

 

(1) The delivery times stated by the Provider are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 1-3 working days.

(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider will immediately inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider will refrain from declaring acceptance. In this case, a contract will not be concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also immediately inform the Customer of this in the order confirmation.

(4) The delivered goods remain the property of the Provider until full payment of the purchase price.

 

§ 6 Discount Vouchers and Vouchers from Loyalty Programs

 

(1) The Provider may issue discount vouchers or vouchers for specific values (hereinafter jointly "Vouchers") as part of marketing campaigns or loyalty programs. These Vouchers are generally free of charge and are not purchased for a fee.

(2) Validity Period: The validity of Vouchers that have not been acquired for a fee (especially discount vouchers and vouchers from loyalty programs) is limited to the period specified on the Voucher or in the associated communication (e.g., email). After this period expires, the Voucher loses its validity and can no longer be redeemed. An extension of the validity period is excluded.

(3) Redemption Conditions: The redemption of Vouchers is subject to specific conditions that are clearly communicated on the Voucher itself or in the associated description (e.g., as part of the campaign or loyalty program). These may include, in particular: a) A minimum order value for redemption. b) Restriction to certain products, categories, or brands. c) Exclusion of certain products or services (e.g., gift cards, reduced goods, digital products). d) A limitation on the number of Vouchers redeemable per customer or order. e) A limitation of the maximum discount or value granted by the Voucher. f) The possibility of redemption only in certain channels (e.g., only in the online shop or only in stationary retail).

(4) Combinability: Unless expressly stated otherwise, Vouchers cannot be combined with other discounts, promotions, or other vouchers from the Provider. As a rule, only one Voucher can be redeemed per order.

(5) Cash Payout and Residual Value: A cash payout of the Voucher value is excluded. If the value of the purchase is below the value of the Voucher, the residual value of the Voucher expires, unless partial redemption is expressly provided for on the Voucher or in the promotion conditions.

(6) Transferability: Unless expressly stated otherwise, Vouchers are not transferable to third parties.

(7) Loyalty Points Program (if applicable): a) The collection of loyalty points takes place according to the respectively valid conditions of the loyalty points program, which are communicated separately (e.g., on a separate website for the loyalty program). b) Loyalty points are generally credited only after complete payment and processing of the order. In the event of cancellation, withdrawal, or return of goods, already credited loyalty points may be canceled. c) The conversion of loyalty points into Vouchers takes place according to the conditions specified in the loyalty points program (e.g., conversion rate, minimum points for conversion). Vouchers generated from loyalty points are subject to the regulations of this paragraph. d) The Provider reserves the right to change the conditions of the loyalty points program, including the type of point allocation, the value of the points, and the redemption options, at any time or to discontinue the program entirely. Changes will be communicated to participants in good time.

(8) Errors and Misuse: The Provider reserves the right to cancel Vouchers in the event of obvious errors, spelling or calculation errors, or in the event of misuse. Misuse exists in particular if the Voucher is used without authorization or in violation of the redemption conditions.

 

§ 6a Referral Program

 

(1) Registered customers (hereinafter "Referrers") can refer other persons (hereinafter "Referred Persons") to purchase products or services from the Provider.

(2) The Referrer receives a 5% discount on their next purchase if the Referred Person makes a purchase based on the referral. The Referred Person also receives a 5% discount on their first purchase.

(3) The discount will be credited to the Referrer as soon as the Referred Person's purchase has been fully processed and paid for.

(4) The Provider reserves the right to change, suspend, or terminate the referral program at any time. Changes will be communicated to participants in an appropriate manner.

(5) Misuse of the referral program, in particular by creating multiple accounts or providing false information, will lead to exclusion from participation and forfeiture of all acquired claims.

(6) The Provider is entitled to process the data of participants collected within the framework of the referral program in accordance with the applicable data protection regulations. The data will be used in particular for the implementation of the referral program, for the settlement of discounts, and for the prevention of misuse. The Provider's data protection declaration applies in addition.

 

§ 6b Customer Reviews

 

(1) Customers have the opportunity to rate products they have purchased through the Provider's website and to submit reviews. These reviews serve to help other customers with their purchasing decisions and to provide the Provider with feedback on products.

(2) By submitting a review, the Customer grants the Provider the irrevocable right, unlimited in time, space, and content, to store, publish, and use the review in whole or in part, edited or unedited, for its own purposes (e.g., marketing, product improvement). This also includes the right to reproduce, distribute, make publicly accessible, and edit. The Provider is not obliged to publish the review.

(3) The Customer assures that the review submitted by them is based on genuine use or experience with the product and reflects their personal, truthful opinion. They further assure that they are authorized to submit the review and that no third-party rights (in particular copyright, trademark, or personal rights) are violated. Untrue, offensive, defamatory, discriminatory, racist, or otherwise unlawful content is inadmissible.

(4) The Customer agrees that the Provider may take measures to ensure the authenticity of the reviews. This may include, in particular, checking whether the review originates from a verified buyer. The Provider reserves the right not to publish or to delete reviews that violate these terms or are deemed inadmissible for other reasons (e.g., spam, obvious false statements, covert advertising) without stating reasons.

(5) Should the Provider offer incentives for submitting a review (e.g., discounts, sweepstakes), this will be communicated transparently and clearly at the point of review submission. The granting of incentives is never tied to a positive review, but occurs for the submission of a review, regardless of its content.

(6) In the event of legal violations by a review submitted by the Customer, the Customer shall indemnify the Provider from all third-party claims based on a violation of their rights by the content of the review.

 

§ 7 Statutory Liability for Defects (Warranty)

 

(1) The Provider is liable for material defects according to the applicable legal provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for goods delivered by the Provider is 12 months.

(2) An additional guarantee exists for goods delivered by the Provider only if this has been expressly given in the order confirmation for the respective item.

 

§ 8 Liability

 

(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the Provider is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from an injury to life, limb, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

 

§ 9 Voluntary 30-Day Right of Return for Consumers

 

(1) In addition to the statutory right of withdrawal, the Provider grants consumers a voluntary right of return for a period of 30 days from receipt of the goods. This right allows you to withdraw from the contract even after the 14-day statutory withdrawal period has expired.

(2) The period for the voluntary right of return begins on the day after receipt of the goods. To meet the deadline, timely dispatch of the goods is sufficient.

(3) The exercise of the voluntary right of return requires that the goods are in unused, undamaged original condition. The goods may only have been tried on for testing their nature, characteristics, and functionality – as in a retail store.

(4) The costs for returning the goods within the framework of the voluntary right of return are to be borne by the Customer.

(5) Returns must be sent to: Timo Kaiser Heidsteige 9 74549 Wolpertshausen Germany

(6) The voluntary right of return does not apply to the exclusion reasons mentioned in the statutory right of withdrawal information (e.g., sealed hygiene articles, perishable goods, individualized products).

(7) Important Note: Your statutory right of withdrawal, which you are entitled to for the first 14 days after receipt of the goods, is in no way restricted or affected by the provisions on this voluntary right of return and remains fully intact.

(8) Note on the Statutory Right of Withdrawal: The legally prescribed right of withdrawal information and a sample withdrawal form for consumers are linked separately on our website in the [e.g., "Right of Withdrawal"] section or in the footer and will be provided to you at the latest with the contract confirmation on a durable medium. Please note that the statutory right of withdrawal information has separate and mandatory formal and content requirements and is not part of these GTC.

 

§ 10 Copyright Notice

 

The content and works created by the Provider on these pages (in particular images, graphics, and texts) are subject to German copyright law. The reproduction, processing, distribution, and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator.

 

§ 11 Alternative Dispute Resolution

 

(1) The EU Commission provides a platform for online dispute resolution (ODR) on the internet at the following link: https://ec.europa.eu/consumers/odr/ This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

(2) The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 12 Final Provisions

 

(1) Contracts between the Provider and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their habitual residence, remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's registered office.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected thereby.

(4) Changes to these General Terms and Conditions: The Provider reserves the right to change these GTC with effect for the future, if this is necessary for compelling reasons (e.g., changes in law, changes in case law, technical developments, or the introduction of new services) and the Customer is not unfairly disadvantaged thereby. The amended GTC will be communicated to the Customer at least six weeks before their entry into force by email to the email address most recently provided by the Customer. If the Customer does not object to the changes within this six-week period after receipt of the notification, the amended GTC shall be deemed accepted. The Customer will be separately informed of the significance of the deadline and the right to object in the notification. In the event of an objection, the Provider is entitled to terminate the contract with a reasonable notice period.

(5) Contract Language: The language available for the conclusion of the contract is exclusively German. If these GTC or other contractually relevant documents have been translated into other languages, these translations are for informational purposes only. In the event of discrepancies between the German and another language version, the German version shall prevail.