Terms of service

OVERVIEW
Welcome to Bergmannhof! The terms “we,” “us,” and “our” refer to Bergmannhof. Bergmannhof operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”).
Bergmannhof is powered by Shopify, which enables us to provide these Services to you.

The following Terms and Conditions, together with the policies referenced herein (collectively, these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms carefully, as they contain important information about your legal rights and cover issues such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you signify your agreement to these Terms and to our Privacy Policy [LINK].
If you do not agree with these Terms or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services through devices that you own, purchased, or manage.

To use the Services—including accessing or browsing our online stores or purchasing products or services offered—you may be asked to provide certain information such as your email address and billing, payment, and shipping details.
You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have full authority to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account.
You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and Services in our online stores as accurately as possible.
However, please note that colors and the appearance of products may vary depending on the device you use to access the store and its settings or configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will correspond exactly to the representations shown in our online stores.

All product descriptions may be changed at any time and without prior notice, at our sole discretion.
We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase.
Bergmannhof reserves the right, at its sole discretion and for any reason, to accept or reject any order.
Your order will be considered accepted only once it has been confirmed by Bergmannhof.
Acceptance of your order is subject to the receipt and successful processing of your payment.

Please review your order carefully before submission, as Bergmannhof may be unable to accommodate cancellation requests once an order has been accepted.
If we decline, modify, or cancel an order, we will attempt to notify you at the email address, billing address, and/or telephone number provided at the time of purchase.

Returns or exchanges of your purchases are permitted only in accordance with our Right of Withdrawal / Return Policy [LINK].

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product or service will be the price in effect at the time your order is placed and will be reflected in your order confirmation email.
Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs duties, or import fees.

Prices listed in our online stores may differ from prices offered in physical retail locations or in online stores operated by third parties.
We may, from time to time, offer promotions or special offers that affect pricing and that are subject to terms and conditions different from these Terms.
In the event of any conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made in our stores.
You agree to promptly update your account and other information, including your email address, credit-card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that
(i) the credit-card information you provide is truthful, correct, and complete;
(ii) you are authorized to use the credit card for purchases;
(iii) charges incurred by you will be honored by your credit-card company; and
(iv) you will pay all charges incurred at the posted prices, including any applicable shipping and handling fees and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.
All delivery times provided are estimates only and are not guaranteed.
We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control.

Once we hand over the products to the carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including, without limitation, all trademarks, service marks, text, artwork, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof—are the property of Bergmannhof, its affiliates, or its licensors, and are protected by U.S. and international patent, copyright, and other intellectual-property laws.

These Terms permit you to use the Services solely for your personal, non-commercial purposes.
Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained in the Services.

Except as expressly provided in these Terms, nothing herein shall be construed as granting you any license or other rights under any patents, trademarks, copyrights, or other intellectual-property rights of Bergmannhof, Shopify, or any third party.
Unauthorized use of the Services may constitute a violation of federal or state intellectual-property laws.

All rights not expressly granted herein are reserved by Bergmannhof.

The names, logos, product and service names, designs, and slogans of Bergmannhof are trademarks of Bergmannhof or its affiliates or licensors.
You may not use such marks without the prior written authorization of Bergmannhof.
The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify.
All other names, logos, products, services, designs, and slogans appearing in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools on an “as-is” and “as-available” basis without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources).
Such new features shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated or provided by third parties (including embedded third-party features).
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access at your own discretion.

If you choose to leave the Services to access any third-party materials or websites, you do so entirely at your own risk.
We are not liable for any damages or losses arising from your access to or use of third-party websites, or from any purchase or use of products, services, resources, or content available through such websites.

You should carefully review the policies and practices of the third party and ensure that you understand them before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterizes Shopify’s relationship to your store and should not be removed or modified.]

Bergmannhof is hosted on Shopify, which enables us to provide the Services to you.
However, all sales and purchases made in our store are concluded directly between you and Bergmannhof.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Bergmannhof, including any injuries, damages, or losses arising from products or services purchased.

You hereby expressly release Shopify and its affiliates from any and all liability for claims, damages, and obligations arising out of or related to your purchases and transactions with Bergmannhof.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services are subject to our Privacy Policy, available here [LINK].
Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed at its respective link.
By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve them.

Data you submit through the Services may be shared with Shopify and third-party service providers, which may be located in countries other than your country of residence, solely for the purpose of providing the Services.

Further information on how we, Shopify, and our partners handle your personal data is provided in our Privacy Policy [LINK].

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium, for any purpose, including commercial use.

We may, for example, exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, to fulfill our obligations, and to enforce our rights under these Terms.

You further represent and warrant that:
(i) you own or otherwise control all rights in and to the Feedback necessary to grant the above license;
(ii) you have disclosed any compensation or incentive received in connection with submitting such Feedback; and
(iii) your Feedback complies with these Terms.

We are under no obligation to (1) treat your Feedback as confidential, (2) pay compensation for Feedback, or (3) respond to Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual-property rights or these Terms.

You represent that your Feedback does not violate any rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the content and accuracy of your Feedback. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information is inaccurate, at any time and without prior notice, even after you have submitted your order.

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly, for any of the following:

(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;
(c) to infringe or violate our intellectual-property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) to transmit or facilitate the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other solicitation;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any conduct that, in our sole discretion, restricts or inhibits anyone’s use of the Services or could expose Bergmannhof, Shopify, or users of the Services to liability.

You also agree not to:
(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.

We reserve the right to suspend, deactivate, or terminate your account, at any time and without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION OF AGREEMENT

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, in our sole discretion and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY BERGMANNHOF, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain implied warranties; therefore, some of the above limitations may not apply to you.

 

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Bergmannhof, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors — as well as Shopify and its affiliates — shall in no event be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content or any loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.

In no case shall our aggregate liability to you exceed the amount actually paid by you for the product or service giving rise to the claim.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bergmannhof, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of:

(1) your breach of these Terms or of any documents they incorporate by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations except to the extent you are materially prejudiced thereby.
We may assume control of the defense and settlement of any such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your prior consent (which shall not be unreasonably withheld).
You agree to cooperate with us in the defense of any such claims, including by providing relevant documents and information.

SECTION 18 – SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted by us on this website or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void.

We may assign, transfer, or delegate these Terms and our rights and obligations hereunder without notice to you and without your consent.

 

SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the country in which Bergmannhof has its principal place of business.

You and Bergmannhof agree to submit to the exclusive jurisdiction and venue of the national and territorial courts located in that country for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

SECTION 22 – HEADINGS
The headings used in this Agreement are included for convenience only and shall not affect the interpretation or construction of these Terms.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law.

Such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be directed to  info@bergmannhof.it.Our full contact details are as follows:
Bergmannhof des Pichler Johannes 
info@bergmannhof.it
Unterrain 46
39057 Eppan an der Weinstraße
Italien
+39 338 1807501
MwSt.-Nr.: IT 02623240211
St.-Nr.: PCHJNN88M15A952Y
Empfängerkodex: 7035UR5