BERG Toys UK Ltd. Terms and conditions of sale
1. Definitions
1.1 In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
1.1.1 "Contract" means an agreement entered into between You and BERG for the purchase of the Goods.
1.1.2 “BERG” means BERG Toys UK Ltd, Harbour Court, Compass, Road, North Harbour, Portsmouth, Hampshire, PO64 ST
1.1.3 "Details" the details which You must provide upon ordering Goods via the Website including physical address, email address, age, bank account and credit, debit or charge card details.
1.1.4 "DSR" means the Distance Selling Regulations (2000) as updated from time to time.
1.1.5 "Fulfilment Problem" means that BERG is unable to fulfil Your Order due to any of the following reasons:-
1.1.5.1 unavailability of items;
1.1.5.2 inability to process payment made by You via credit card, debit card or otherwise;
1.1.5.3 an error in the pricing information on the Website;
1.1.5.4 You have not reached the Minimum Age or are deemed by BERG not to be a suitable customer.
1.1.6 "Goods" means any item supplied by BERG pursuant to these Terms.
1.1.7 "Minimum Age" means 18 years of age.
1.1.8 "Order" means an order for Goods placed by You via the Website.
1.1.9 "Price" means the price shown on the Website for the provision of the Goods including any sum paid by You for postage of the Goods to You.
1.1.10 "Sale" a sale effected via the Website.
1.1.11 "Terms" means these terms and conditions which form the exclusive legal basis of the relationship between BERG and You.
1.1.12 "Website" means BERG’s website located at www.bergtoys.co.uk
1.1.13 “Working Days” means Monday to Friday 9am to 5pm excluding bank, public and statutory holidays.
1.1.14 "Written Information" means information prescribed by DSR which must be provided to You in relation to Your Order.
1.1.15 “You” means the person who enters Details.
1.2 The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. Use of Website and Personal Data
2.1 In seeking to purchase Goods via this Website You must provide accurate Details.
2.2 You hereby warrant to BERG that You have reached at least the Minimum Age and legally able to enter into a contract to purchase the Goods.
2.3 BERG reserves the right to withdraw any Goods from the Website without prior notice and to refuse any Order made by You.
2.4 Your Details and data relating to Your use of the Website may be recorded by BERG but this information shall not be disclosed to third parties nor used for any purpose unrelated to the Website. For the avoidance of doubt, BERG shall provide Your name, address, telephone number and, where appropriate, email address to Royal Mail or other courier companies for the purpose of despatching any goods that You order.
2.5 BERG may send a small file to Your computer when You visit the Website. This "cookie" will enable BERG to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website and to send you newsletters. You can set Your computer browser to reject cookies but this may preclude use of certain parts of this Website. BERG will not use Your data for any other purposes than as set out in these Terms except that BERG may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority. By clicking “I Accept” below, you specifically agree to these terms regarding use of Your data.
2.6 BERG may use Your email address to send You details of other offers that BERG considers may be of interest to You. If You do not want BERG to use Your email address for this purpose or to send information concerning the Website, newsletters and related matters, You should send a message to info@bergtoys.com and insert “unsubscribe” as the subject heading.
3. Orders
3.1 It is Your responsibility to ensure that all Orders You place are correct. When You place an Order, this constitutes an offer to purchase those Goods which BERG may or may not accept.
3.2 When You place an Order, You will receive an automatically generated acknowledgement by email but this does not constitute acceptance of Your Order.
3.3 BERG reserves the right to reject Your Order if there is a Fulfilment Problem. BERG will inform you by email as soon as is reasonably possible if there is a problem with acceptance or fulfilment of Your Order. Despatch of the Goods will constitute acceptance of Your Order.
3.4 BERG reserves the right to:-
3.4.1 correct typographical errors in any elements of the information that appears on the Website including pricing mistakes;
3.4.2 substitute the Goods ordered with equivalent goods if the Goods ordered are unavailable;
3.5 If, once You are informed of such error or substitution, You wish to withdraw Your offer and do not wish to proceed with the purchase, You shall be free to do so and any moneys already paid by You will be refunded in full.
3.6 Any representations of the Goods shown on the Website are provided for the purposes of guidance only.
3.7 Any representations made by BERG as regards the date of delivery of Goods are given in good faith but are not binding.
3.8 You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by BERG and You indemnify and will keep indemnified BERG against any claim for such payments and/or taxes.
3.9 Contracts shall be based on these Terms to the exclusion of any other terms and conditions.
3.10 Delivery charges for Orders with a value under £50.00 are £ 12.00 and for Orders with a value over £50.00, but under £100.00 are £17.50. Delivery charges for Orders over £100.00 are £25.00. These apply for UK mainland only. We are unable to deliver to UK Islands and Northern Ireland via our online ordering. People wishing to order from these regions are advised to telephone our UK Office on 0161 247 8377
3.11 In the event that You order Goods from BERG and BERG sends the Goods to the address You have provided but, on delivery, the Goods are refused at the given address or You require BERG to re-deliver to a different address, You will be charged an additional fee of 25%, with a minimum of £15.00, of the Order value to cover BERG's associated costs.
3.12 If the Goods You order are not in stock, You will always be emailed with the option to cancel Your Order if You would rather not wait. Normal deliveries take 3-8 working days to arrive.
4. Payment
4.1 You agree to pay the Price at the time You place Your Order. Payment can be made by major credit cards i.e. Visa or Master Card, using PayPal or whatever system BERG may implement from time to time.
4.2 Once You have confirmed Your Order on the Website, it cannot be cancelled or changed except in accordance with Clause 6 of these Terms.
4.3 In the event that Your debit or credit card payment is refused by Your card issuer for whatever reason, BERG may reject Your Order or invoice You for the Goods ordered and You agree to pay that invoice within 7 Working Days of the invoice date. If BERG does not receive payment in full within 7 Working Days of the date of such invoice, it may reject Your Order without further obligation to You.
4.4 BERG will enclose with Goods it delivers to You a copy of its invoice showing the Goods ordered and Price paid and, if not previously sent to You, Your statutory rights of cancellation[1].
4.5 Unless otherwise stated, the Price stated on the Website is inclusive of any applicable VAT.
5. Risk and Title
5.1 Risk in the Goods shall pass to You upon payment of the Price or, if earlier, upon delivery of the same to You. Title to the Goods shall pass to You only upon payment in full of the Price and You shall hold the Goods as bailee for BERG until BERG has received payment in full of the Prices.
5.2 Without prejudice to Clauses 6.1-6.3, if any of the Goods are destroyed, damaged or lost in transit to You, BERG will either replace those Goods or refund the Price to You.
6. Cancellation of Orders and Returns
6.1 Subject to Clause 6.4, You have the right to cancel a purchase of Goods made through the Website after you have placed the Order in accordance with the provisions below:-
6.1.1 where BERG provides You with the Written Information at or before the time of delivery of the Goods, You have 7 Working Days after delivery to cancel the purchase;
6.1.2 where BERG does not provide You with the Written Information at or before the time of delivery, You have 7 Working Days from the day after the day on which You received the required Written Information;
6.1.3 where BERG does not provide You with the Written Information as set out above, You have three months and seven days from the day after the day You receive the Goods.
6.2 If You decide to cancel a purchase, please notify BERG in accordance with Clause 8.4. by email; the email address is info@bergtoys.com. If You have received the Goods, You must return them in their original packaging to BERG enclosing the original invoice. Before returning the goods you must obtain a return autohorization. To receive a return autohorization please send an e-mail to info@bergtoys.com. BERG suggests that You send them by recorded delivery but it is Your responsibility to choose the most appropriate means of return of the Goods and You are responsible for any loss or damage to the Goods which occurs in this context. The address to return goods is BERG Toys Safestore Burnley, Unit 4 Boran Court, Network 65 Business Park, Hapton, Burnley, BB11 5TG.
6.3 Upon cancellation of an Order, BERG will refund the whole sum paid by You within 30 days of You notifying BERG of cancellation. You are responsible for the cost of returning the Goods to BERG upon cancellation of an Order. If You do not return the Goods cancelled to BERG it will arrange to collect them and will deduct the cost of such collection from the refund due to You. If You return the Goods to BERG but BERG has to pay any element of the postage, BERG will be entitled to recover the cost of such postage from You.
6.4 There is no right of cancellation where the Goods have been tailored to Your special requirements or where You have in any way damaged the Goods after delivery.
6.5 Without prejudice to Clauses 6.1-6.3 above, if any of the Goods You receive are defective or do not in any material respect match the Order placed, You may return them to BERG within 14 days in original condition and packaging enclosing the invoice and stating the nature of the defect or mistake and if the Goods as delivered to You are not of satisfactory quality or fit for purpose or do not match the Order You placed, BERG will at Your option either replace such Goods or refund the Price. BERG suggests that You send them by recorded delivery but it is Your responsibility to choose the most appropriate means of return of the Goods and You are responsible for any loss or damage to the Goods which occurs in this context. This does not apply to Goods damaged in transit for which please refer to Clause 5.2.
6.6 Without prejudice to Clauses 6.1-6.3 above, BERG’s sole liability to You for Goods which are defective or which do not match Your Order shall be limited to replacement of those Goods or refund of the Price.
7. Warranty and Liability
7.1 BERG warrants that Goods purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied.
7.2 Nothing in this clause shall operate so as to exclude BERG’s liability for death or personal injury arising out of its negligence.
8. Miscellaneous
8.1 These Terms together with the Order shall form the entire Contract between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties.
8.2 Subject to and without prejudice to DSR, any terms relating to time of delivery or otherwise that You purport to include in Your Order shall not be legally binding on BERG.
8.3 Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
8.4 All notices to BERG shall be given by You in writing to the e-mail address info@bergtoys.com. All notices to You shall be given in writing to Your e-mail address or to the address You entered during the registering process on our website. Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
8.5 These Terms and Your Contract with BERG shall be governed and construed in accordance with English Law. You irrevocably agree for the exclusive benefit of BERG to submit any dispute hereunder to the jurisdiction of the courts of England but nothing herein shall prevent BERG from taking proceedings against You in any other court of competent jurisdiction.