Last update 01.01.2025

Berg’s estimated delivery time and shipping fees vary by country. Currently, we ship to selected countries in Europe. All orders shall be shipped within 2 to 7 business days from order confirmation. Please read information below for more details.

After your order is dispatched, you will receive an automated email with a tracking number so you can easily track your package. Our shipping fees always include custom duties and import taxes. All orders are delivered through high-end courier services.

You may return the products purchased within 14 days of delivery free of charge. Return costs are not included in the shipping fees.

Last update 01.01.2025

General Information

We hope that you are delighted with every order you receive from Berg’s, but if you are not satisfied with your items, you may return or exchange them free of charge within 14 days of delivery.

You must notify us if you wish to cancel your order or return any items within 14 days of receiving your order, and return such items within a further 14 days of this notification.

At the moment, all costs associated with returning the ordered products are on the behalf of the customer.

If you require any further information not covered here, please do not hesitate to reach us at store@bergs.co

Shipping Warehouse Address

Berg’s Online Store
Kent Sp. z o.o.

ul. Nowodworcowa 23
81-581 Gdynia, Poland
store@bergs.co

Return Instructions

Here you can find a basic instructions on how to return your order.

1. Before completing the return, please make sure that your item(s) meets the standards indicated under ‘Product Conditions’ below.
2. Fill out the Return & Exchange Form included with your invoice in the order parcel.
3. Notify our Customer Service via e-mail at store@bergs.co about your intended return.
4. Pack your item(s) using a box which is resistant to adverse weather conditions and damage. Add the original paperwork and filled Return & Exchange Form.
5. Address your returned parcel and send it into our shipping warehouse.

Product Conditions

All items should be returned to us new, unused and with all Berg's security tags still attached. Any items that are returned to us in a damaged, soiled or otherwise altered and in less than perfect condition may not be accepted and may be returned to the customer.

Due to hygiene reasons underwear cannot be returned unless faulty.

Refunds

All successfully returned items will be credited to the payment method used when placing the order and in the same currency, less any shipping costs, within 14 days of us receiving your items.

We will send you a confirmation e-mail as soon as we have authorised the refund.

The time in which the credited amount will appear on your statement is subject to your payment method issuer.

Last update 01.01.2025

1. DEFINITIONS

Account

A gratuitous function of the Store (service) regulated in these Regulations, thanks to which the Buyer can set up his individual account in the Store, where the data provided by the Buyer and information about the orders placed by him in the Store are collected;

Buyer or Customer

Any entity purchasing from the Store;

Store

Berg’s online store, operated by the Seller at www.bergs.co;

Seller

The Company operating under the name of KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia, 81-581 Nowodworcowa Str. 23, NIP: 5862163843, REGON: 220178176, entered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Commercial Department of the National Court Register under KRS number: 0000249763, with a share capital of PLN 50,000.00 (fifty thousand PLN);

Administrator

Company operating under the name of DANTE spólka z ograniczona odpowiedzialnoscia with registered office in Gdynia, 81-581 Nowodworcowa St. 23, NIP: 5931975195, REGON: 191355663, entered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Commercial Department of the National Court Register under the KRS number 0000181222, with the share capital of PLN 200,000.00 (two hundred thousand zlotys);

Working days

Days of the week from Monday to Friday, excluding public holidays in the Republic of Poland;

Delivery

Delivery of the goods specified by the Seller to the Buyer in the order through the Supplier;

Supplier

A courier company cooperating with the Seller;

Goods

Products presented by the Seller through the Store, which can be the subject of a Sales Contract;

Sales contract

A contract concluded at a distance under the terms of these Regulations between the Buyer and the Seller;

Order

A declaration of will of the Buyer submitted via the Order form and aimed directly at concluding a Contract for sale of the Goods or Goods with the Seller;

Registration Form

A form available in the Store that allows you to create an Account;

Shopping Cart

An element of the Store's software, where the Goods selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of Goods;

Regulations

These rules and regulations of the Store.

2. CONTACT TO SELLER

Postal address

Kent Sp. z o.o., 23 Nowodworcowa St., 81-581 Gdynia, Poland

E-mail address

service@bergs.co

3. GENERAL PROVISIONS

1. All rights to the Store, including property copyrights, intellectual property rights, as well as the rights to designs, forms and logos placed in the Store (with the exception of logos and photos presented in the Store for the presentation of goods, the copyrights to which belong to third parties) belong to the Seller. The Online Store will be managed by the Administrator.
2. The Seller will make every effort to make the use of the Store possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.
3. The Seller and the Administrator use the mechanism of "Cookies" files (cookies), which during the use of the Store's website, are saved on the Buyer's terminal device. The use of "Cookies" files is aimed at the proper operation of the Store. This mechanism does not damage the Buyer's end devices and does not cause configuration changes in these devices. Cookies are used for statistical and marketing purposes, as well as to provide the functions of the website. Using the appropriate function of your browser, you can delete cookies at any time, as well as block their use in the future. To learn how to manage Cookies, please refer to the help file of the respective browser. If cookies are not disabled, it means that the user consents to their use.
4. It is prohibited for the Buyer to provide unlawful content and use the Store in a manner that is unlawful or violates the personal rights of third parties. It is not permissible to use the resources and functions of the Store to conduct activities that violate the interests of the Seller.
5. In order for Customers to properly use the Store, it is necessary for the Customer to have a device with Internet access and a web browser that supports JavaScript and cookies. The Seller indicates the recommended technical parameters of the device for cooperation with the ICT system used by the Administrator: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.

4. REGISTRATION

1. In order to create an Account, the Buyer is required to register free of charge. Registration is necessary to place an Order in the Store. Registration is done by completing the Registration Form made available on the Store's website.
2. When registering, the Buyer has the opportunity to read the Regulations and accept its contents. The Buyer may also voluntarily consent to the processing of his/her personal data for marketing purposes. Giving consent to the processing of data for marketing purposes does not condition access to the Account service. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller.
3. After submitting the completed Registration Form, the Buyer will receive by e-mail (to the e-mail address provided in the Form) a confirmation of registration. From that moment, the contract for electronic provision of the Account service is concluded, and the Buyer obtains the ability to access his Account and make changes to the provided data, except for login.

5. ORDER

1. The information contained in the Store does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to the Buyer to make an offer to conclude a sales contract.
2. The Buyer may place Orders in the Store 7 days a week, 24 hours a day.
3. The Buyer places an Order through the Store's website, selecting the Goods he wishes to purchase. After completing the entire order in the Shopping Cart, the Buyer selects the method of Delivery, the form of payment and places the Order by clicking the order button. Each time, the Buyer is informed of the total price of the selected Goods and Delivery, as well as all additional costs he must pay in connection with the conclusion of the Sales Agreement.
4. Placement of the Order constitutes submission by the Buyer to the Seller of an offer of a Sales Contract for the Goods that are the subject of the Order. After submitting the Order, the Buyer receives by e-mail a confirmation of placing a new Order.
5. The Seller sends to the e-mail address provided by the Buyer information about acceptance of the Order for execution. This information is the Seller's statement of acceptance of the offer referred to in Section 5.4 of the Regulations, and upon its receipt by the Buyer the Contract of Sale with the Buyer is concluded.
6. In accordance with the Law on VAT Article 106b paragraph 5-7, a VAT invoice for the order will be issued only if the NIP number is provided in the buyer's data when placing the order. Orders that do not include the VAT number in the buyer's data will be invoiced to individuals.

6. PAYMENTS

1. The prices of the Goods listed in the Store are gross prices and do not include information on Delivery costs or other additional costs.
2. In each case of information about the reduction of the price of goods, the Seller shall, in addition to the information about the reduced price, also make visible the information about the lowest price of the goods, which was in force in the period of 30 days before the introduction of the reduction. If a commodity is offered for sale for a period of less than 30 days, in addition to information about the reduced price, the Seller shall also make visible information about the lowest price of this commodity that was in effect during the period from the beginning of offering this commodity for sale until the date of introduction of the reduction.
3. The Merchant shall make available to the Customer the option to pay electronically or by credit card through the Shopify Payments tool provided by Shopify International Limited, Companies under Irish law, 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
4. The Buyer shall be informed on the Store's website of the deadline by which he is required to make payment for the Order. In the event of the Customer's failure to make payment, the Seller will send the Buyer an additional reminder by e-mail about to make payment. If the 14-day deadline for payment has expired without success, the Order will be canceled by the Seller.

7. DELIVERY

1. The Seller shall deliver the Goods subject to the Sales Contract without defects.
2. The Seller shall post on the Store's website information about the number of working days required for the processing and delivery of the Order.
3. The ordered Goods are delivered to the Buyer via the Supplier at the delivery address indicated in the Order form.
4. The Buyer should examine the delivered shipment in the presence of the Supplier. If the shipment is found to be defective or damaged, the Buyer has the right to request the Supplier to write a proper protocol.
5. The Seller shall attach to the shipment an invoice covering the delivered Goods.
6. If the Buyer is not present at the address indicated by the Buyer, the Supplier will attempt to contact the Buyer by telephone to arrange another date or leave an advice letter. If the shipment is returned to the Seller, the Seller will contact the Buyer by e-mail or telephone, setting a new date and cost of Delivery.

8. CONFORMITY OF GOODS

1. The Seller shall ensure to the Buyer who is a consumer Delivery of Goods in accordance with the contract, that is, goods whose description, type, quantity, quality, completeness and functionality correspond to the content of the concluded contract.
2. If the Goods are not in conformity with the contract, the Buyer who is a consumer may:

   2.1 Demand its repair or replacement: The Seller may make a replacement when the Buyer who is a consumer demands a repair, or the Seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. The Seller shall repair or replace the goods within a reasonable time from the moment the Seller is informed by the consumer of the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them.

   2.2 File a statement of price reduction or withdrawal from the contract when: (a) the Seller has refused to bring the goods into conformity with the contract;(b) the Seller has failed to bring the goods into conformity with the contract;(c) the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;(d) the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to other means of protection;(e) it is clear from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

3. The Buyer who is a consumer, who exercises his rights under the conformity of the goods with the contract, is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the Buyer who is a consumer at his own expense.
4. The Seller shall not be liable for the lack of conformity of the goods in terms of its suitability for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices; as well as other characteristics of the goods, including their durability, quality such as sample and design, which the Seller has made available to the consumer prior to the conclusion of the contract, delivery with packaging, accessories and instructions that the Buyer who is a consumer may expect, if, at the latest at the time of the conclusion of the contract, the consumer has been clearly informed that a specific characteristic of the goods deviates from the requirements of conformity with the contract and has expressly and separately accepted the lack of a specific characteristic of the goods.
5. The Seller shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time.
6. Any complaints relating to the Goods may be addressed by the Buyer in writing to the address of the Seller. The Seller shall respond to the complaint of the Goods within 14 days from the date of the demand containing the complaint. If the Buyer who is a consumer has demanded replacement of the Goods or removal of a defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days, it is considered that the Seller has recognized this demand as justified.

9. WITHDRAWAL

1. A Buyer who has entered into a Contract of Sale may withdraw from it within 14 days without giving any reason. The time limit for withdrawal from the Contract begins at the moment of taking possession of the Goods by the Buyer. The Customer may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The form with the statement of withdrawal from the Contract can be found on the Store's website under Return | Replacement | Complaint. To meet the deadline, it is sufficient to send the statement before its expiration.
2. In the event of withdrawal from the Sales Contract, it is considered not concluded.
3. If the Buyer made a statement of withdrawal from the Sales Contract before the Seller accepted the offer, the offer shall cease to be binding.
4. The Seller shall, no later than 14 days from the date of receipt from the Buyer of the statement of withdrawal from the Sales Contract, return to him all payments made by him. The Seller may withhold reimbursement of payments until it receives the Goods back from the Buyer. The Seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.
5. If the Buyer has chosen a method of delivery of the Goods other than the method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer.
6. The Buyer is obliged to return the Goods immediately, no later than within 14 days from the date of submission of the withdrawal from the Contract to the Seller.
7. In the event of withdrawal from the Contract of Sale, the Buyer shall bear the costs of returning the Goods to the Seller. The Buyer shall bear only the direct costs of returning the goods, unless the Seller has agreed to bear them.
8. The buyer shall be liable for any diminution in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods.
9. The Seller shall refund the payment using the same method of payment used by the Buyer.
10. Perfumes and protective masks are not returnable if opened after delivery. Perfumes and masks are hygienic articles, which, according to Article 38 para. 5 of the Law on Consumer Rights, are not refundable if they are delivered in a sealed package that has been opened after delivery of the Goods.

10. FREE SERVICES

1. The Seller and the Administrator provides a free Newsletter service through the Store.
2. The Seller provides through the Store free of charge the service of maintaining an Account.
3. The above services are provided 7 days a week, 24 hours a day.
4. The Seller and the Administrator reserve the right to change the type, forms, time, and manner of granting access to the above-mentioned services.
5. The Newsletter service, provided by the Administrator, may be used by any Customer who enters his/her personal data in the form of name, date of birth, gender, and e-mail address using the Registration Form available on the Store's website. After submitting the completed form, the Customer will receive an electronic confirmation of the service. With this moment, the Newsletter service contract is concluded. The Newsletter service consists of sending e-mails by the Administrator containing information about new services or products in the Store's offer. The Newsletter is sent to all Customers who have subscribed. The Customer may resign from the Newsletter service at any time by unsubscribing via a link included in each e-mail sent as part of the service, or by activating the appropriate field in the Account.
6. The Account service is available after registration under the rules described in the Rules and Regulations and consists in providing the Customer with a dedicated panel in the Store, allowing him/her to modify his/her personal data, as well as to track the execution of Orders and the history of Orders completed in the past. A Customer who has registered may request the deletion of the Account, and if such a request is made, the Account may be deleted within 14 days from the date of the request.
7. The Seller is entitled to block access to the Account and free services in the case of the Client's actions to the detriment of the Seller or other Clients, violation of the law or the provisions of the Regulations by the Client, as well as when blocking access is justified by security reasons - in particular, the Client's breaking the security of the Store's website or other hacking activities. The blocking of access for the aforementioned reasons lasts for the period necessary to resolve the issues forming the basis for the blocking. The Seller shall notify the Customer of the blocking of access to selected services electronically.

11. DATA PROTECTION

1. All provisions relating to the processing and protection of personal data are contained in the Privacy Policy, which is a separate document.

12. TERMINATION

1. Both the Buyer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. A customer who has registered shall terminate the contract for the provision of electronic services by sending the Vendor an appropriate statement of intent, using any means of remote communication.
3. The Seller shall terminate the contract for the provision of electronic services by sending the Buyer an appropriate statement of intent to the e-mail address provided during registration.

13. ENTREPRENEURS

1. This section of the Regulations and all the provisions contained herein are addressed to and thus binding only on the non-consumer Customer.
2. With respect to the Customer who is not a consumer, the Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
3. With respect to a Customer who is not a consumer, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
4. With respect to a Customer who is not a consumer, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer an appropriate statement.
5. With respect to the Customer who is not a consumer, the Seller's liability to the Customer, regardless of its legal basis, is limited - both under a single claim and for all claims in total - to the amount of the price paid under the Sales Agreement, and if this has not been specified, no more than 100 (one hundred) zlotys.
6. With respect to the Customer who is not a consumer, all disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the seat of the Seller.

14. FINAL PROVISIONS

1. The content of these Regulations may be recorded by printing, saving to a carrier, or downloading from the Store's website.
2. If a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of disputes is Polish law. Each Customer may use out-of-court ways to resolve complaints and assert claims. For this purpose, the Customer may use: Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa; Help from the appropriate area-based permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale-sady-polubowne;
3. The Seller reserves the right to amend these Regulations. All Orders accepted for execution are carried out on the basis of the Regulations, that were in effect on the day the Customer placed the Order. The Seller shall inform the Client about the change of the Regulations by e-mail. If the Customer does not accept the new content of the Regulations, he/she is obliged to notify the Seller, which results in termination of the contract.
4. Subject to the mandatory provisions in the relations between businesses and consumers, the generally applicable provisions of Polish law shall apply to matters not covered by these Regulations.
5. The Regulations shall come into force on April 01, 2025.

Last update 01.01.2025

The Privacy Policy has been adopted to establish clear and transparent rules for the protection of personal data and to provide information on the use of personal data, in accordance with the requirements of Regulation (EU) 2016/679 EU of the European Parliament and of the Council of April 27, 2016. (hereinafter: the "Regulation").

1. ADMINISTRATOR

The administrator of your personal data (within the meaning of the Regulation) is KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia, 81-581 Nowodworcowa 23, NIP: 5862163843, REGON: 220178176, registered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Economic Division of the National Court Register under KRS number: 0000249763, with the share capital of PLN 50,000.00 (fifty thousand zlotys);

The Administrator can also be contacted about data protection issues via e-mail address: service@bergs.co

2. GLOSSARY

The following glossary explains the content of the phrases used in this Policy:

1. Privacy Policy - means this document, which is a set of rules related to the protection of personal data of users of the Website and the use of cookies.
2. Internet service - the service operating at: www.bergs.co, through which the Administrator publishes information about its activities, enables the conclusion of distance sales agreements, as well as provides the Newsletter information service and provides other services by electronic means, the scope of which is described in the regulations for the use of the Website;
3. Personal data - information about an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;
4. Processing - an operation or set of operations performed on personal data or sets of personal data in an automated or non-automated manner, such as collecting, recording, organizing, structuring, storing, adapting or modifying, retrieving, viewing, using, disclosing by transmission, dissemination or otherwise making available, matching or linking, limiting, deleting or destroying;
5. Personal data profiling - means any form of automated processing of personal data that involves the use of personal data to evaluate certain personal factors of an individual, in particular to analyze or forecast aspects of that individual's performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movement;
6. Cookies or Cookies - means text files that are stored on the device of the person using the web portal. These files are sent by the Website to the user's web browser. Each file has an anonymous identifier and allows you to identify the device in whose memory it was stored for a certain period of time (the time after which the cookie is deleted). Cookies are stored to recognize your device, learn about your preferences, and collect information about your previous activities on the Website.

3. PURPOSES AND LEGAL BASIS FOR DATA PROCESSING

Personal data may be processed by the Administrator on the basis of:

1. user consent (pursuant to Article 6(1)(a) of the Regulation), for the following purposes: marketing of entities cooperating with the Administrator; provision of services by electronic means by the Administrator, including transmission and transfer of data directly related to the provision of services by electronic means; enabling the conclusion and execution of sales contracts through the web portal; direct marketing of products offered through the web portal;
2. the necessity of processing data for the conclusion and performance of contracts or for taking actions prior to the conclusion of contracts (in accordance with Article 6(1)(b) of the Regulation), for the following purposes:to provide the service of sending information electronically (newsletter); to enable access to materials related to the subject matter of the Website; to enable the establishment and operation of an online account on the Website, enabling the conclusion and execution of an agreement for the provision of services electronically with the Administrator; to enable the conclusion and execution of sales agreements through the Website;
3. legitimate interest of the Administrator (pursuant to Article 6(1)(f) of the Regulation), for the following purposes:the use of contact forms provided by the Administrator on the website, where the Administrator's legitimate interest is to take care of the users of the website and provide answers to their questions; the defense against claims or the assertion of claims by the Administrator; the processing of complaints;

For some services provided by the Administrator, providing personal data is a condition for concluding a contract. Refusal to provide personal data may prevent the conclusion and execution of the contract.

4. TRANSFER OF PERSONAL DATA

Personal data may be transferred to the processors. Processors process personal data on behalf of the Administrator, based on agreements between them and the Administrator. Processing takes place only to the extent necessary to achieve the purposes of processing. Personal data may be transferred to the following categories of entities: entities involved in the processes necessary for the performance of the contract, including those providing transportation of goods, payment services, services provided electronically; entities providing us with marketing services, advertising agencies, including Google Ireland Limited for the purpose of displaying ads on Google services and Meta Platforms Ireland Limited for the purpose of displaying ads on Meta services; entities operating or supporting our ICT systems; entities providing us with consulting or auditing services; public authorities or entities performing public tasks.

Personal data will be transferred only to entities located in the United States and within the European Economic Area. All processors with whom the Administrator works are required by law or the provisions of data processing agreements to maintain the highest standards of personal data protection and to implement procedures with which an adequate security standard is associated. If you do not object, we will transfer your personal data (email address or phone number) to:

Google Ireland Limited and Meta Platforms Ireland Limited may transfer your personal data to their group companies, including Google LLC in the case of Google Ireland Limited, and in the case of Meta Platforms Ireland Limited to Meta Platforms Inc in the United States. The legal basis for such transfers is the European Commission's July 10, 2023 decision finding an adequate level of protection for personal data with respect to the EU-US Data Privacy Framework. Based on this decision, personal data may be transferred to U.S. companies that participate in the EU-US Data Privacy Framework program.

5. PERSONAL DATA STORAGE PERIOD

We process personal data for the period required by law, in particular, until the statute of limitations for possible claims or the expiration of the obligation to archive such data, including the obligation to keep accounting or tax documents; or for the period required to fulfill the purpose of their processing (legitimate interest), in particular, until the execution of the contract concluded through the web portal, or until the cancellation of services, in particular, in the case of the newsletter service or the execution of the sales contract; or until its withdrawal of your consent to the processing of personal data, in the case of services provided on the basis of consent, or where personal data is processed for direct marketing purposes, answering ongoing questions, conducting customer satisfaction surveys, creating statistics, supporting payment, credit, insurance services, unless the purpose of processing ceases earlier. The possibility to withdraw consent exists at any time, but withdrawal of consent does not affect the legality of personal data processing and related activities prior to the withdrawal of consent.

In the case of processing of personal data on the basis of legitimate interests, the Administrator will stop processing data upon receipt of an objection to processing. However, in the case of certain services provided through web portals belonging to the Administrator, the withdrawal of consent may result in the inability to provide services, and consequently, the filing of an objection to data processing will be tantamount to the immediate suspension of services.

6. YOUR RIGHTS RELATED TO PERSONAL DATA

“Right of access” - Any person whose personal data is processed has the right to obtain full information regarding the personal data stored by them about him/her, including obtaining a copy of the personal data processed by the Administrator.

“Right to rectification” - Any person whose personal data is processed may request rectification of his/her personal data that he/she believes to be incorrect. Incomplete personal data may also be requested to be completed.

“Right to erasure” - Any person whose personal data is processed may request the erasure of his/her personal data in the following cases, among others: if the data are no longer necessary for the purposes for which they were collected; if the person has withdrawn consent to the processing of the data and there is no other legal basis for the processing; if the person has objected to the processing of the data and there is no legitimate basis for the processing; if the personal data have been processed unlawfully; if the personal data must be erased in order to comply with a legal obligation under the law, including the Regulation.

“Right to data portability” - Any person whose personal data is processed has the right to receive, in a structured, commonly used machine-readable format, personal data concerning you that you have provided to us, if the processing of such data is based on consent or contract and by automated means. A request to send personal data to another controller will only be fulfilled if it is possible to transfer the data in a secure and confidential manner.

“Right to restrict processing” - Any person whose personal data is processed may request that the processing of his/her personal data be restricted in the following cases: you dispute the accuracy of the personal data - for a period of time that allows us to check the accuracy of the data; the processing is unlawful and you object to the deletion of the personal data, requesting instead the restriction of its use; we no longer need the personal data for the purposes of the processing, but you need it to establish, assert or defend your claims; you have lodged an objection under Article 21(1) to the processing - until it is determined whether the legitimate grounds on the part of the controller override the grounds for the objection.

“Right to object to processing” - Any person whose personal data is processed on the basis of a legitimate interest of the Administrator may object at any time to the processing. The objection takes effect from the moment it is received by the Administrator. The filing of an objection may result in the Administrator's inability to use the website and provide services, in which case, the mere filing of an objection to data processing will be tantamount to an immediate suspension of services.

“Right to withdraw consent to processing” - Any person whose personal data is processed has the right to withdraw his or her consent to the processing of personal data at any time. The withdrawal of consent to processing will not affect the lawfulness of processing that was carried out before the withdrawal. The withdrawal of consent may result in the inability to provide services, and consequently, the filing of an objection to data processing will be tantamount to the immediate suspension of services.

“Right to lodge a complaint” - In the event that our actions are deemed to violate the principles of personal data protection, any person whose personal data is processed has the right to lodge a complaint with the President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw, tel. (22) 531-03-00, email: kancelaria@uodo.gov.pl.

7. AUTOMATED DECISION-MAKING AND PROFILING

The Administrator will perform profiling, i.e. automatically analyze personal data to obtain information about preferences or interests. This processing will not produce legal effects or similarly materially affect personal data.

8. COOKIES

Last update 01.01.2025

Last update 01.01.2025

General Terms and Conditions of the Promotion: “Original Berg's Logo Cap”

1. ORGANISER AND DEFINITIONS

1. These Terms and Conditions define the rules under which the promotion titled ‘Original Berg's Logo cap’ (hereinafter referred to as the ‘Promotion’), administrated by KENT Spólka z ograniczona odpowiedzialnoscia, with the register seat in Gdynia, Poland (hereinafter referred to as the ‘Administrator’) is held via the website www.bergs.co.
2. The Promotion shall take place only in accordance with the rules set out in these Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’), which will be available online at the website www.bergs.co.
3. The Administrator of the Promotion shall be KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia at ul. Nowodworcowa 23, 81-581 Gdynia, entered into the Register of Entrepreneurs kept by the District Court for the 8th Business Division of the National Court Register under KRS number 0000249763, NIP: 5862163843, REGON: 220178176, share capital of PLN 50,000.00, paid in full in cash, email address: service@bergs.co.
4. Unless otherwise stated in the Terms and Conditions, the following phrases shall have the following meanings:
   1. Terms and Conditions - means these terms and conditions of the Promotion;
   2. Administrator - means the organiser of the Promotion;
   3. Online Shop - the online shop operating at https://bergs.co, owned by the Administrator;
   4. Website T&C - means the regulations of sale and provision of services by electronic means of the Online Shop;
   5. Promotion Item - a navy blue cotton cap with a visor and a metal clasp with a capital letter ‘B’;
   6. Promotional Code - a code received by a person who has subscribed to the free Newsletter service as described in the Website T&C; the Promotional Code is valid for 30 days from its receipt;
   7. Promotion Participant (Participant) - means a person who has fulfilled or aims to fulfil the conditions of the Promotion as described in these Terms and Conditions.

2. TERMS

1. Under the Promotion, upon fulfilment of the terms and conditions of the Promotion, the Promotion Participant shall receive an Item of the Promotion from the Administrator for free, which shall be delivered with the order, to the address specified in the order.
2. The Promotion shall be valid until stocks are exhausted or until the Administrator decides to terminate the Promotion.
3. A Customer may become a Participant in the Promotion once.
4. If the Participant exercises their statutory right to withdraw from the sales agreement in accordance with separate regulations, entered as part of the performance of the conditions of participation in the Promotion, the Participant shall be obliged to return the Promotion Item at their own expense by delivering it to the Administrator intact. If the Participant fails to return the Promotion Item or when the conditions entitling the Participant to receive the Promotion Item have not been finally met, the Administrator may deduct the equivalent of the Promotion Item (item price) from the amount returned to the Participant.
5. The Participant may be any natural person with full legal capacity, who as a consumer within the meaning of Article 22[1] of the Civil Code makes a purchase through the Online Shop (a natural person making a legal act with an entrepreneur which is not directly related to their business or professional activity shall be deemed a consumer).
6. The Promotion is not territorially limited – all people and entities may participate in it. The Promotion shall be subject to Polish law and any shipping of the parcels outside Poland shall not include any possible customs duties or local taxes on the part of the recipient for which the Administrator shall not be responsible.

3. PARTICIPATION RULES

1. Participation in the Promotion shall be voluntary.
2. To participate in the Promotion, the Participant shall be obliged to fulfil all of the following conditions:
   1. subscribe to the Newsletter service (free of charge) in accordance with the process described in the Website T&C, while consenting to the processing of personal data for the purpose of the Newsletter;
   2. add to the shopping cart, in order to conclude the Sales Agreement, goods with a value no less than PLN 1,000.00 (in words: one thousand);
   3. provide a one-time Promotion Code when placing an order, received via the email address provided when signing up for the Newsletter, and accept the Promotion T&C and information about processing of personal data for the purposes of the Promotion;
   4. finalize the purchase of the goods by entering into a contract of sale of goods with a value of no less than PLN 1,000.00 (in words: one thousand) and make payment for the goods, according to the process described in the Website T&C.
3. This Promotion shall not combine with other promotional actions.
4. The Promotion Item and the Promotional Code cannot be exchanged for a cash equivalent or any other equivalent in kind.
5. The Promotional Code belongs exclusively to the person who is a Participant, who signed up for the free Newsletter and is not exchangeable or transferable to other persons or entities. The Administrator may refuse to allow a person to participate in the Promotion if it finds that the Promotional Code used to participate in the Promotion did not belong to the Participant.

4. COMPLAINTS

1. In all matters related to the Promotion, the Participant may submit a complaint to the physical address or email address of the Administrator.
2. It is recommended that the Customer provide in the description of the complaint:
   1. information and circumstances regarding the subject of the complaint;
   2. the Customer's expectations;
   3. the contact details of the complainant - this will make it easier and quicker for the Administrator to consider the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
3. The Administrator shall respond to the complaint within 14 days of receiving the complaint.

5. FINAL PROVISIONS

1. The Promotion is a premium sale and does not constitute a game of chance, lottery or betting within the meaning of gambling regulations - fulfilment of the terms and conditions of the Promotion shall guarantee receiving the Item of the Promotion. The Promotion shall not constitute an offer or public promise within the meaning of the Civil Code.
2. The provisions of the Promotion T&C shall apply to sales agreements entered into within the Promotion to the extent not regulated herein. The Participant in the Promotion, being a consumer making a purchase at a distance, shall have the right to withdraw from the sales agreement within 14 days from the receipt of the product, in accordance with the Consumer Rights Act. The Promotion does not limit any statutory rights of the consumer - in particular, the right to return the product (withdraw from the contract) remains in force.
3. The subject of the promotion is a free-of-charge marketing product and is not covered by a separate guarantee, which does not exclude the consumer's rights under the warranty for defects in the product received.
4. If a dispute arises under these Terms and Conditions, the parties will seek to resolve the matter amicably. The governing law for any disputes arising from these Terms and Conditions is Polish law.
5. The Administrator informs Participants who are Consumers about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to handle disputes out of court. They may be consumer ombudsmen or Polish Voivodeship Inspectorate of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
6. The provisions of Polish law, as well as the provisions of the Website T&C, shall apply to matters not regulated by these Regulations.
7. The Terms and Conditions were published on the day the Promotion started.
8. All information related to the Promotion can be obtained by Customers by contacting the Administrator via the email address: service@bergs.co.

Appendix No. 1 to the General Terms and Conditions of the Promotion

The Administrator of the personal data of the Participants in the Promotion shall be KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia at ul. Nowodworcowa 23, 81-581 Gdynia, entered into the Register of Entrepreneurs kept by the District Court for the 8th Commercial Division of the National Court Register under KRS number 0000249763, NIP: 5862163843, REGON: 220178176. The Participant's data shall be processed for the purpose of organising and implementing the Promotion, including verification of fulfilment of the terms and conditions and issuing of the Gift, as well as for the purpose of sending the newsletter (commercial information) - respectively, on the basis of Article 6(1)(b) RODO (necessary for the performance of the agreement - the Participant's participation in the Promotion shall be treated as the conclusion of an agreement under the Terms and Conditions) and Article 6(1)(a) RODO (the Participant's consent to receive commercial information). The provision of data is voluntary but necessary to participate in the Promotion. Data may only be shared with third parties in connection with the implementation of the Promotion (e.g. the courier company delivering the prizes or the newsletter service provider) and will not be transferred outside the European Economic Area without a legal basis. Personal data will be stored for the duration of the Promotion and the period necessary to handle any complaints, and data processed on the basis of consent (newsletter) - until consent is withdrawn. The participant has rights of access to the content of his/her data, rectification, erasure, restriction of processing, data portability, as well as the right to object and the right to withdraw consent at any time. Contact for data protection matters: service@bergs.co.