1. General
1.1 In the General Conditions and elsewhere on this website 'BERG Toys' is understood to mean the private company with limited liability, BERG Toys BV, having its registered office in Ede, the Netherlands. The headquarters of BERG Toys BV is located at the following address: Stevinlaan 2, NL-6716 WB Ede, telephone no.: +31 (0) 318 - 467171, fax no.: +31 (0) 318 - 467223, e-mail address: info@bergtoys.com. BERG Toys BV is registered in the trade register in Arnhem, Chamber of Commerce number 09094642, VAT number NL8062.18.290.B.01.

2. Application
2.1 The general conditions are applicable to all Internet sales in which BERG Toys acts as a supplier of products.

3. Offers
3.1 All offers of BERG Toys are free of obligation. Offers are subject to the availability of products. BERG Toys reserves the right to deliver a similar type of product instead of the ordered product or to dissolve the agreement. Typesetting errors are excepted at all times.

4. Agreement
4.1 The purchase agreement between BERG Toys and buyer comes into effect as soon as the 7-day cooling-off period following receipt of order has elapsed.

5. Prices
5.1 All prices include Dutch sales tax and exclude other government levies and exclude transport costs. If the buyer is not located in the same country from where the product is dispatched, the buyer is responsible for any possible owed sales tax or import duties.

6. Sales areas
6.1 At the present time goods are supplied only to clients in the Netherlands, Belgium, Germany, France, Luxemburg and the United Kingdom. Orders can be placed from other countries, but delivery can take place only in the aforementioned countries.
6.2 In the future other delivery areas will be added.

7. Delivery costs for products
7.1 All prices for products on this site exclude delivery costs.
7.2 The delivery costs depend on the weight, dimensions and destination. See the Transport Costs table.

8. Delivery and delivery times
8.1 In the Netherlands, Belgium and Luxemburg BERG Toys delivers ordered products within 2 working days at the stated delivery address, following payment and on condition that the product is available from stock. In Germany, England and France BERG Toys delivers ordered products within 3 to 4 weeks at the stated delivery address, following payment and on condition that the product is available from stock.
BERG Toys does not deliver in other countries.
8.2 The aforementioned delivery times are indicative and are not considered as deadlines. BERG Toys can never be liable for damage as a result of exceeding delivery times.
8.3 Delivery occurs by ‘CPT’. That means that BERG Toys takes care of delivery by a haulier selected by BERG Toys. The ownership of the products ends at the time of delivery (International Contract/Commerce terms [Incoterms] 1990).
8.4 BERG Toys is authorised to send the delivery in parts. BERG Toys bears the additional costs for subsequent deliveries.
8.5 In order to transform your order into a delivery, you might be approached by telephone to check the correctness of your order. This might cause some delay in delivery. When registering, always state a telephone number at which you are available during the day.

9. Safe payment method
BERG Toys offers you several ways of paying electronically.
9.1 Mastercard or Visa:
When you order you can fill in your credit card number and the expiry date. Make sure that you fill in your name precisely as it appears on the credit card. Your payment will then be authorised online so that you will know immediately whether it is approved or not.
9.2 In addition to payments by credit card, BERG Toys now offers other (online) payment methods (and more in the future). For information about these methods, see the “payment information” in our website.

10. Returning products
10.1 Products purchased via the BERG Toys Internet Shop can be returned without explanations within 7 working days after receipt at the delivery address on condition that you still have your invoice, that the purchased product was not used and that it is returned in its original packaging. The buyer can cancel the order within seven working days following the order without paying a penalty and without providing a reason for cancellation. Within this procedure BERG Toys does not charge the cost of returning the articles. The buyer is then entitled to a refund of the order amount, on the condition that this amount was already paid. For this purpose, within 7 working days following receipt of goods at the delivery address, you need to contact us by e-mail at info@bergtoys.com. You will then receive instructions for the correct procedure.
10.2 If you received a damaged product or if we delivered the wrong product, BERG Toys will replace the product for the one you had ordered, free of charge, on condition that you still have your invoice, that the purchased product was not used and that it is returned in its original packaging. The consumer is entitled to a refund of the order amount, on condition that it was already paid. For this purpose, within 7 working days following receipt of goods at the delivery address, you need to contact us by e-mail at info@bergtoys.com. You will then receive instructions for the correct procedure.
10.3 If you want to return products purchased via the BERG Toys Internet Shop, make sure that you have proof of dispatch from the post office. In case the return package gets lost, it can be traced. BERG Toys bears no responsibility in the event that the package is lost.
10.4 If a product is returned in accordance to instructions, the paid amount is deposited into your bank or giro account within 14 days.
10.5 If the buyer does not observe the aforementioned conditions, the aforementioned buyer’s rights are cancelled.
10.6 Products that you purchased via the BERG Toys Internet Shop cannot be exchanged at a BERG Toys dealer in your area.

11. Guarantee
11.1 The guarantee conditions applicable to products supplied via the BERG Toys Internet Shop are the same as those applicable to products sold at a BERG-dealer in your area.

12. Claims
12.1 Claims due to non-receipt of an order (or a part thereof) must be submitted within 14 days following the receipt of an order confirmation.
12.2 A claim due to shortcomings in the product must be submitted as soon as possible in writing, but ultimately within 7 working days following receipt of product at the delivery address, or – in the case of shortcomings not observed immediately – within 21 days after the shortcomings can be reasonably established.
12.3 At the time of delivery, you are obliged to check whether the products comply with the agreement. If this is not the case, you must notify BERG Toys of this in writing as soon as possible, including an explanation, and in any case within seven (7) days following delivery and at any rate, once the issue could be reasonably established.

13. Damage compensation
13.1 BERG Toys can be held liable only for damage that can be attributed to intentional or gross fault on its part, or which results from circumstances, which based on mandatory provisions, put the company at risk.
13.2 Circumstances that cannot be attributed to BERG Toys whatsoever are: illness, ban on import, export and/or transit, transport problems, suppliers’ non-compliance with their obligations, disruptions in production, etc.
13.3 BERG Toys cannot be held liable for damage compensation other than in the case of commercial damage and/or personal damage.
13.4 The stipulations stated in the previous article and in this article do not prejudice the statutory liability of BERG Toys pursuant to mandatory provisions.

14. Applicable law /competent court
14.1 Dutch law shall be applicable to all legal relationships between BERG Toys and the buyer.
14.2 All disputes arising from the agreement at hand or from any further agreements, which might result from this agreement, shall be settled according to the Rules of the Netherlands Arbitration Institute or if BERG Toys decides, the competent court in the place of residence or registered office of BERG Toys or the buyer. The procedure shall be carried out in Dutch. The arbitration tribunal rules in accordance with the regulations of the law.

15. Dutch text prevails
15.1 The Dutch text of these general conditions prevails over all other translations of this text.

16. Personal data
16.1 BERG Toys complies with the statutory provisions with regard to personal data as set down in the Personal Data Protection Act.
16.2 Data that the client provides BERG Toys shall enter into a file. The data shall be used for executing the client’s order and shall be saved for the purpose of any possible complaints due to the execution of the order. No data in which the client’s privacy is at issue shall be forwarded to third parties.

17. Prices
17.1 BERG Toys cannot be held liable for deviations in prices, illustrations or texts.