Terms & Conditions

LEGAL NOTICE (Seller's details)

KENT Spółka z ograniczoną odpowiedzialnością (Kent Sp. z o.o.), the owner of the Berg's brand, with its registered office in Gdynia, Poland, at Nowodworcowa 23, 81-581, with Tax Identification Number (NIP): PL5862163843, REGON: 220178176, entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000249763, with share capital of PLN 50,000.00 (fifty thousand Polish zloty).

Contact e-mail address: service@bergs.co; Telephone number: +48 539 298 290

DEFINITIONS

Buyer or Customer - any entity purchasing from the Store;

Shop - Berg's online store, operated by the Seller at www.bergs.co;

Seller - a company operating under the name KENT Spółka z ograniczoną odpowiedzialnością (Kent Sp. z o.o.) with its registered office in Gdynia, 81-581 ul. Nowodworcowa 23, NIP: 5862163843, REGON: 220178176, entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000249763, with share capital of PLN 50,000.00 (fifty thousand zlotys);

Working days - days of the week from Monday to Friday, excluding public holidays in the Republic of Poland;

Goods - products presented by the Seller through the Store, which may be the subject of a Sales Agreement;

Sales Agreement - a distance agreement concluded on the terms specified
in the Terms and Conditions, between the Buyer and the Seller;

Order - a declaration of will made by the Buyer using the Order form and aimed directly at concluding a Sales Agreement for Goods or Goods with the Seller;

Shopping basket - an element of the Shop's software, in which the Goods selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order details, in particular the quantity of Goods;

Terms and Conditions - these Terms and Conditions of the Shop.

GENERAL PROVISIONS AND USE OF THE STORE

1. All rights to the Shop, including copyrights, intellectual property rights, as well as rights to designs, forms and logos posted in the Shop (except for logos and photos presented in the Shop for the purpose of presenting goods whose copyrights belong to third parties) belong to the Seller.

2. The Seller shall make every effort to ensure that the Shop is accessible to Internet users using all popular web browsers, operating systems, device types and Internet connection types.

3. The Seller uses "cookies", which are stored on the Buyer's end device when using the Store's website. The use of cookies is intended to ensure the proper functioning of the Store. This mechanism does not damage the Buyer's end devices and does not cause any configuration changes in these devices. Cookies are used for statistical and marketing purposes and to provide website functionality. By using the appropriate browser function, you can delete cookies at any time and block their use in the future. To learn how to manage cookies, please refer to your browser's help file. If cookies are not disabled, it means that the user agrees to their use.

4. It is prohibited for the Buyer to provide illegal content and to use the Shop in a manner that is contrary to the law or violates the personal rights of third parties. It is not permissible to use the resources and functions of the Shop to conduct activities that violate the interests of the Seller.

5. In order for Customers to use the Shop properly, it is necessary for the Customer to have a device with Internet access and a web browser that supports JavaScript and cookies. Recommended technical parameters of the device for cooperation with the ICT system used by the Seller: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail (through external provider); (3) the latest version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the storage of cookies and JavaScript in the web browser.

ORDERS

1. The Buyer places an Order via the Store's website by selecting the Goods they wish to purchase. After completing the entire order in the Shopping Cart, the Buyer selects the Delivery method, payment method and places the Order by clicking the order button. Each time, the Buyer is informed about the total price of the selected Goods and Delivery, as well as all additional costs that they must bear in connection with the conclusion of the Sales Agreement.

2. The Buyer may place Orders in the Shop 7 days a week, 24 hours a day.

3. Placing an Order constitutes the Buyer's offer to the Seller to conclude a Sales Agreement for the Goods covered by the Order. After placing the Order, the Buyer receives an electronic confirmation of the new Order.

4. The Seller sends information about the acceptance of the Order for execution to the Buyer's e-mail address. This information is a statement by the Seller and upon its receipt by the Buyer, a Sales Agreement with the Buyer is concluded.

6. In accordance with the VAT Act, Article 106b, paragraphs 5-7, a VAT invoice for the order will only be issued if the VAT number is provided in the buyer's details when placing the order. For orders that do not include a VAT number in the buyer's details, invoices will be issued to natural persons.

PAYMENT METHODS

1. The prices of Goods listed in the Shop are gross prices and do not include information on delivery costs or any other additional costs related to delivery. Prices are given in Polish zlotys (PLN) for Buyers from the territory of the Republic of Poland or in euros (EUR) for Buyers from territories other than the Republic of Poland. The Buyer may choose to switch default currency.

2. The Seller shall provide the Customer with the option of making electronic payments or payments by payment card using the following tools:

2.1. Przelewy24, provided by PayPro SA, ul. Pastelowa 8, 60-198 Poznań, NIP: 779-236-98-87, REGON: 301345068, District Court Poznań - Nowe Miasto i Wilda in Poznań,VIII Commercial Division of the National Court Register No. KRS 0000347935,
share capital: PLN 4,737,100.00, paid in full - in the case of Buyers, who make payments in Polish zloty (PLN);

2.2. Shopify Payments, provided by Shopify International Limited, a company incorporated under Irish law, 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland - in the case of Buyers, who make payments in euros (EUR).

3. At the time of placing the Order and concluding the sales contract, the Buyer is informed about the total amount of the Order, including delivery costs and any additional costs (if applicable).

4. The Buyer is informed on the Store's website about the deadline by which they are required to make payment for the Order. If the 14-day payment deadline expires without payment being made, the Order will be cancelled by the Seller.

DELIVERIES (SHIPPING POLICY)

1. Delivery shall be understood as the delivery of the goods specified in the Order to the Buyer by the Seller via the Supplier, where the Supplier is a courier company cooperating with the Seller.

2. The Seller is obliged to commence the procedure of delivering the Goods being the subject of the Sales Agreement immediately after the conclusion of the Sales Agreement, no later than within 14 days.

3. Below, the Seller provides information on the estimated number of working days required for the fulfilment and delivery of the Order by the Suppliers:

3.1. from 2 to 5 working days – for delivery to the following countries: Poland, Germany, the Netherlands, Belgium, the Czech Republic, Austria, Estonia, Latvia, Lithuania, Luxembourg, Slovakia, the United Kingdom.

3.2. from 3 to 7 working days – for delivery to the following countries: France, Italy, Denmark, Romania, Slovenia, Spain, Sweden, Portugal, Monaco, Finland, Croatia, Bulgaria, Greece, Ireland.

4. The ordered Goods will be delivered to the Buyer at the Delivery address indicated in the Order form.

5. The Buyer should inspect the delivered parcel in the presence of the Supplier.
If any loss or damage to the shipment is found, the Buyer has the right to request that the Supplier draw up an appropriate report.

6. If the Buyer has not received an electronic bill or invoice, the Seller shall enclose a bill or invoice for the delivered Goods with the shipment.

7. Detailed rules related to the delivery of the shipment are specified by the Supplier.

Conformity of goods with the contract

1. The Seller shall provide the Buyer who is a consumer with Goods that comply with the contract, i.e. goods whose description, type, quantity, quality, completeness and functionality correspond to the content of the contract.

2. If the Goods are not in conformity with the contract, the Buyer who is a consumer may:

(1) demand that they be repaired or replaced: the Seller may replace the Goods if the Buyer who is a consumer demands repair, or the Seller may repair the Goods if the consumer demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve 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 was informed by the consumer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the specific nature of the goods and the purpose for which the consumer purchased them,

(2) make a statement on 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 not brought the goods into conformity with the contract; (c) the lack of conformity of the goods with the contract persists despite the Seller's attempts 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 remedies; (e) it is clear from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the consumer.

3. A Buyer who is a consumer and who exercises their rights under the contract for conformity of the goods 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 their own expense.

4. The Seller shall not be liable for the non-compliance of the goods with the contract
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 as a sample and model, which the Seller made available to the consumer before the conclusion of the contract, delivery with packaging, accessories and instructions that the Buyer, being a consumer, may expect, if, at the latest at the time of conclusion of the contract, the consumer was clearly informed that a specific feature of the goods deviates from the requirements of conformity with the contract and clearly and separately accepted the lack of a specific feature of the goods.

5. The Seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time.

6. Any complaints related to the Goods may be sent by the Buyer in writing to the Seller's address. The Seller shall respond to the complaint within 14 days of the date of the complaint. If the Buyer, who is a consumer, has requested replacement of the Goods or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, the request shall be deemed to have been accepted by the Seller as justified.

RIGHT OF RETURN (REFUND POLICY)

1. A buyer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. The period for withdrawal from the Agreement begins when the Goods are taken into possession by the Buyer.

2. The Customer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. The form with the statement of withdrawal from the Agreement is available on the Store's website in the "Return Policy" / "Refund Policy" tab. To meet the deadline, it is sufficient to send the statement before its expiry.

3. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

4. If the Buyer has submitted a statement of withdrawal from the Sales Agreement before the Seller has accepted the offer, the offer ceases to be binding.

5. The Seller is obliged to return all payments made by the Buyer no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement from the Buyer. The Seller may withhold the refund until the Goods are returned by the Buyer.

6. 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 him.

7. The Buyer is obliged to return the Goods immediately, no later than within 14 days from the date of submitting the withdrawal from the Agreement to the Seller.

8. In the event of withdrawal from the Sales Agreement, the Buyer shall bear the costs of returning the Goods to the Seller. The Buyer shall only bear the direct costs of returning the goods, unless the Seller has agreed to bear them.

9. The Buyer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Goods.

10. The Seller shall refund the price using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of refund which does not involve any costs for them.

11. Perfumes and protective masks are not returnable if they have been opened after delivery. Perfumes and masks are hygiene items and are not returnable when delivered in sealed packaging that has been opened after delivery of the Goods.

NEWSLETTER SERVICE

1. The Seller or an entity acting on its behalf provides a free Newsletter service through the Shop, consisting in the delivery of commercial information about the Shop's offer.

2. The above service is provided on an ongoing basis.

3. The Seller may change the type, form, time and manner of providing access to the above-mentioned services.

4. The Newsletter service, provided by the Seller or an entity acting on its behalf, is available to any Customer who enters their personal data in the form of their first name, surname, date of birth, gender and e-mail address using the Registration Form available on the Store's website. After sending the completed form, the Customer receives an electronic confirmation of the service. At this point, a contract for the provision of the Newsletter service is concluded. The Newsletter service consists of the Seller sending e-mails containing information about new services or products offered by the Shop. The Newsletter is sent to all Customers who have subscribed to it. The Customer may unsubscribe from the Newsletter service at any time by clicking on the link provided in each e-mail sent as part of the service, or by activating the appropriate field in their Account.

5. Both the Buyer and the Seller may terminate the contract for the provision of the Newsletter service at any time and without giving reasons, subject to the rights acquired by the other party prior to the termination of the above-mentioned contract and the provisions below.

6. A Customer who has registered terminates the contract for the provision of electronic services by sending the Seller an appropriate declaration of will, using any means of remote communication. The Seller terminates the contract for the provision of electronic services by sending the Buyer an appropriate declaration of will to the e-mail address provided during registration.

PROVISIONS CONCERNING ENTREPRENEURS

1. This section of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding only on Customers who are not consumers in terms of applicable laws.

2. Regarding 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. Regarding the Customer who is not a consumer, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

4. Regarding the Customer who is not a consumer, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.

5. Regarding the Customer who is not a consumer, the Seller's liability towards the Customer, regardless of its legal basis, is limited – both in the case of 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, to no more than PLN 100 (one hundred) zlotys.

6. Regarding the Customer who is not a consumer, any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the Seller's registered office.

FINAL PROVISIONS

1. The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading from the Store's website.

2. In the event of a dispute arising from the concluded Sales Agreement, the parties shall endeavour to resolve the matter amicably. Unless otherwise provided by mandatory provisions of law in the User's country, Sales Agreements concluded between the Seller and the Buyer shall be governed by the applicable provisions of Polish law.

3. Each Customer may use extrajudicial means of dealing with complaints and pursuing claims. For this purpose, the Customer may use: (a) Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa; (b) Assistance from the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration 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

4. The Seller reserves the right to amend these Terms and Conditions. All Orders accepted for execution are executed on the basis of the Terms and Conditions in force on the date of placing the Order by the Customer. The Seller shall inform the Customer about any changes to the Terms and Conditions by electronic means. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the contract.

5. Subject to the provisions of mandatory law in relations between businesses and consumers, matters not covered by these Terms and Conditions shall be governed by the generally applicable provisions of Polish law.

6. The Terms and Conditions shall enter into force on the 1st October 2025.