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General Terms and Conditions 1 GENERAL TERMS AND CONDITIONS 1. INTRODUCTION These Terms and Conditions apply to the use of this website and the contract between you and us (hereinafter referred to as: ‘the Terms and Conditions’). These Terms and Conditions set out the rights and obligations of all users (hereinafter referred to as: ‘us’/’our’/’we’/’the Seller’) in relation to the goods/services offered by us, via this website or via any other websites to which we may make reference (hereinafter collectively referred to as ‘Bershka Services’). Before clicking on the ‘Process Order’ button to place the order, please read these Terms and Conditions, our Cookies Policy and Privacy Policy carefully. By using or ordering from this website, you agree to be bound by these Terms and Conditions, our Cookies Policy and Privacy Policy. If you do not agree to all of the Terms and Conditions, Cookies Policy and Privacy Policy, please do not place an order. These Terms and Conditions may be subject to change, so please read them carefully each time you place an order. If you have any questions about the Terms and Conditions, the Cookies Policy or the Privacy Policy, please visit our website or contact us using our contact form on the web. 2. OUR DETAILS The sale of goods via this website takes place under the name BERSHKA and is carried out by BERSHKA NEDERLAND B.V., a Dutch private company with limited liability having its registered office at Nieuwezijds Voorburgwal 305, 1012 RM in Amsterdam in the Netherlands, registered in the Trade Register of the Chamber of Commerce under number: 34182123 with Dutch VAT number NL823721723B01. 3. YOUR DETAILS AND VISIT TO OUR WEBSITE The information or personal data you provide to us will be processed in accordance with our Privacy Policy. When you visit the website, you consent to the processing of your data and declare that all the information and data you provide to us are correct and accurate. 4. USE OF OUR WEBSITE These Terms and Conditions are the only terms applicable to the use of this website and they supersede all other terms and conditions, unless the Seller gives express, prior and written consent. These Terms and Conditions are important to both you and us because they create a legally binding agreement between us, and because they protect your rights as a valued customer and our rights as a company. By placing your order, you agree to accept these Terms and Conditions without reservation and you declare that you have read them. You agree that: o You will only use the website to obtain legitimate information or to place orders. o You will not place speculative, false or fraudulent orders. If we reasonably believe that such an order has been placed, we are entitled to cancel the order and inform the relevant government bodies accordingly. o You also agree to provide us with a correct and accurate email address, postal address and/or other contact information and acknowledge that we may use this information to contact you if this proves to be necessary (see our Privacy Policy). If you do not provide us with all the information we need, there is a possibility that we will be unable to process your order. By placing an order through the website, you guarantee that you are at least eighteen years of age and legally capable of concluding a binding contract. 5. AVAILABILITY OF THE SERVICE The items offered on this website are only available for delivery in the Netherlands. Via this Dutch website you can order products from an EU Member State other than the Netherlands. However, the products ordered will only be delivered to a Bershka store or delivery address in the Netherlands. 6. FORMATION OF THE AGREEMENT To place an order, you must follow the online ordering process and click ‘APPROVE ORDER’. You will then receive an email confirming that we have received your order (the ‘Order Confirmation’). If the product requires shipping, after sending you the Order Confirmation, we will send you an email confirming that the product has been shipped (the 'Shipping Confirmation’). The Contract applies only to the products that we have confirmed in the 'Order Confirmation’ as having been ordered. 7. AVAILABILITY OF PRODUCTS All orders for products are subject to availability and in this regard, we reserve the right, if there are delivery problems or if products are no longer in stock, to provide you with information about replacement products of equal or higher quality and value that you can order. If you do not wish to order these replacement products, we will refund any money you may have already paid. REFUSAL TO PROCESS AN ORDER We reserve the right at any time to remove any product from this website and/or to remove/edit any materials or content appearing on this website. Although we make every effort to ensure we can always process orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent you an Order Confirmation. We reserve the right to do so at any time at our sole discretion. We will not be liable to you or any other third party for the fact that we have removed any product from this website, whether or not it has been sold, nor for removing/editing any materials or content appearing on this website. 8. DELIVERY Further to the provisions of article 7 above regarding product availability and except in special circumstances, we will endeavour to fulfil your order for the product(s) listed in the Order Confirmation on the delivery date stated in the Order Confirmation or, in the absence of an estimated delivery date, at least within a maximum of 30 days from the date of the Order Confirmation. Reasons for delay may be: o customisation of products; o adapted items; o unforeseen circumstances o delivery area If for any reason we are unable to meet the delivery date, you will be informed and you will be given the choice to proceed with the purchase by agreeing to a longer delivery time or to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays. Subject to these Terms and Conditions, 'delivery' shall be deemed to have taken place, or the goods shall be deemed to have been handed over, at the time when you or a third party designated by you acquires physical possession of the products, which shall be evidenced by the fact that a signature has been obtained from the delivery address that was agreed for receipt of the order. FAILED DELIVERY If after two attempts we are unable to deliver the goods, we will try to find a safe place to leave your package. We will leave a message stating where your package is and how you can collect the delivery. If you are unable to arrive at the delivery location at the agreed time, please contact us to make a new appointment for delivery on a different day that is mutually convenient for both parties. If within 15 days of the first attempt at delivering the products, the products have not been delivered for reasons beyond our control, we will assume that you wish to cancel the Contract and it will be terminated. As a result of terminating the Contract, you will immediately be refunded all payments made by you up to that point, including delivery charges (except for any additional charges resulting from your choice of delivery method other than the standard delivery offered by us) and in any event not later than 14 days from the date of termination of the Contract. Please note that transport resulting from termination of the Contract may incur additional costs and that we are entitled to charge you for this. COLLECTION You can also choose to pay for the Product(s) when you collect the relevant Product(s) from one of our branches in the Netherlands. You will receive a message (‘Ready for Collection’) by e-mail as soon as your Product(s) are ready to be collected from your designated Bershka store. If the Products have not been collected by you within 7 calendar days of you receiving the Ready-for-Collection message, we are entitled to cancel the order. In order to collect the product, you will need to bring a printed copy of your ticket / invoice / purchase confirmation as well as a valid proof of identity. 9. TRANSFER OF RISK AND OWNERSHIP The risk for the products is your responsibility from the moment of delivery. Ownership of the products is transferred to you only once we have received full payment of all amounts due in respect of the products, including delivery charges, or after delivery (as defined in article 8 above), whichever is the later. 10. TRANSFER OF RISK AND OWNERSHIP The risk for the Products is yours from the moment of delivery. Ownership of the products is transferred to you only once we have received full payment of all amounts due in respect of the products, including delivery charges, or after delivery (as defined in article 8 above), whichever is the later. 11. PRICE AND PAYMENT The price of the products is the price that is stated on our website at all times, unless there is an obvious error. Although we do our utmost to ensure that all prices on our website are accurate, it is always possible for errors to occur. If we discover an error in the price of one or more of the products you have ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel it.
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