OUR TERMS OF SERVICE
1 OVERVIEW
1.1 These Terms of Service govern your use of the Berg&Berg website and the purchase of products through our online store.
1.2 The website is operated by Berg&Berg Retail AB, a company incorporated in Sweden with company registration number 556971-9585. In these Terms, “Berg&Berg”, “we”, “us” and “our” refer to Berg&Berg Retail AB.
1.3 You can contact us by emailing shop@bergbergstore.com
1.4 By accessing our website or purchasing from us, you agree to be bound by these Terms and by any policies referred to in them. If you do not agree to these Terms, you should not use our website or services.
1.5 The current version of these Terms is available on this page. Any new features, tools or services made available through the website will also be subject to these Terms.
1.6 Our online store is hosted on Shopify Inc., which provides the e-commerce platform through which we offer our products and services.
2 ONLINE STORE TERMS
2.1 You must be at least 18 years old to place an order on our website. If you are under 18, you may use the website only with the consent and supervision of a parent or legal guardian.
2.2 You may not use our products, website or services for any unlawful or unauthorised purpose, or in a way that infringes the rights of Berg&Berg or any third party.
2.3 You must not transmit viruses, malicious code or other harmful material through the website. We may suspend or terminate access to the website if these Terms are breached.
3 GENERAL CONDITIONS
3.1 We may refuse service where there are objectively justified and non-discriminatory grounds.
3.2 We are committed to equal treatment and do not refuse service on the basis of gender, gender identity or expression, ethnicity, religion or belief, disability, sexual orientation or age.
3.3 Your content, excluding payment information, may be transferred across networks and adapted to meet technical requirements. Payment information is encrypted during transmission. We apply appropriate technical and organisational measures to protect personal data in accordance with applicable data protection law.
3.4 You may not reproduce, duplicate, copy, sell, resell or exploit any part of the website, the service or the content made available through it without our prior written consent.
3.5 All content on this website, including text, graphics, logos, images, product photographs and software, belongs to Berg&Berg Retail AB or its licensors and is protected by applicable intellectual property laws. You may use the content only for personal, non-commercial purposes and only as necessary to use the website.
3.5 Headings are included for convenience only and do not affect the interpretation of these Terms.
4 ACCURACY OF INFORMATION
4.1 We seek to ensure that information on our website is accurate and up to date. However, product information, availability and other content may occasionally be incomplete, inaccurate or not current.
4.2 Any reliance on the website content is at your own risk. Nothing in this section limits any rights you may have under mandatory consumer law.
4.3 We may update the content of the website at any time, but we are not obliged to update all information unless required by law.
5 CHANGES TO THE SERVICE AND PRICES
5.1 Prices may change from time to time. Any price change will apply only to future orders and will not affect orders that have already been confirmed.
5.2 We may modify, suspend or discontinue the website or any part of the service. Where we make material changes to the service or permanently discontinue it, we will provide reasonable prior notice to registered users where required or practicable.
5.3 Nothing in this section limits any liability that cannot be excluded under mandatory Swedish or EU consumer protection law.
6 PRODUCTS
6.1 We make every effort to display our products as accurately as possible. However, the colours shown on your device may differ from the actual product.
6.2 We may limit the sale of products by person, region or jurisdiction, and may limit the quantities available for purchase.
6.3 Product descriptions, availability and prices may be updated at any time. Such changes apply only to future orders and do not affect confirmed orders. The price displayed at the time of your order will apply to that order.
6.4 Your statutory consumer rights are not excluded or limited by these Terms. If a product is defective or does not conform to the contract, you may be entitled to remedies such as repair, replacement, price reduction or cancellation, in accordance with applicable consumer law.
7 CONTRACT FORMATION
7.1 Placing an order constitutes an offer to purchase the selected products.
7.2 A binding contract is formed when we send you an order confirmation by email. We may decline an order before sending the order confirmation.
7.3 If we are unable to fulfil a confirmed order, we will inform you without undue delay and refund any amounts paid.
8 DELIVERY
8.1 Unless otherwise agreed, we will deliver the products within 30 days from the order confirmation.
8.2 Delivery times stated on the website or in the order confirmation are estimates only, unless expressly agreed as binding.
8.3 Risk of loss of or damage to the products passes to you when you, or a third party appointed by you other than the carrier, take physical possession of the products.
8.4 If delivery is delayed beyond the agreed delivery date, you may request delivery within an additional reasonable period. If we fail to deliver within that period, you may cancel the order and receive a refund in accordance with mandatory consumer law.
9 BILLING AND ACCOUNT INFORMATION
9.1 You agree to provide current, complete and accurate purchase and account information.
9.2 We may limit or cancel orders where there are objective reasons to do so, including suspected reseller activity, fraud, errors or misuse of the website.
9.3 If we change or cancel an order, we will contact you using the details provided at the time of order. If a confirmed order is cancelled, we will refund the amount paid without undue delay and no later than 14 days where applicable.
9.4 You are responsible for keeping your account information up to date so that we can process your order and contact you when needed.
10 PAYMENT
10.1 We accept the payment methods indicated on the website at the time of purchase.
10.2 Payment is processed when your order is placed. All prices are displayed inclusive of VAT where applicable.
10.3 If payment fails, we will notify you and the order will not be processed until payment has been received.
10.4 We are not responsible for fees charged by your bank, card issuer or payment provider in connection with your purchase.
11 RIGHT OF WITHDRAWAL (ÅNGERRÄTT)
11.1 If you are a consumer, you have the right to withdraw from your purchase within 14 days without giving any reason.
11.2 The withdrawal period expires 14 days from the day on which you, or a third party appointed by you other than the carrier, take physical possession of the last product in your order.
11.3 To exercise the right of withdrawal, you must inform us of your decision before the withdrawal period has expired. You may do so by registering your withdrawal here: https://bergbergstore.com/en-no/pages/withdrawal-from-purchase
11.4 If you withdraw from the contract, we will reimburse all payments received from you, including standard delivery costs, without undue delay and no later than 30 days from the day on which we have received your returned products. In case you withdraw before the order is fulfilled, you will receive your refund immediately or within 14 days.
11.5 We will use the same means of payment as you used for the original transaction, unless you expressly agree otherwise.
11.6 We may withhold reimbursement until we have received the products back or until you have provided evidence that you have returned them, whichever occurs first.
11.7 You must return the products without undue delay and no later than 14 days from the day on which you informed us of your withdrawal. You bear the direct cost of returning the products, as described in the “Returns & Exchanges” section.
11.8 You are liable only for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
11.9 The right of withdrawal does not apply to products made to your specifications or clearly personalised, or to sealed products that are not suitable for return due to health protection or hygiene reasons once unsealed, such as underwear or socks.
12 COMPLAINTS (REKLAMATION)
12.1 If you discover a defect or non-conformity in a product, please contact us at shop@bergbergstore.com as soon as possible.
12.2 Under consumer protection law, you must notify us within a reasonable time after you discovered or should have discovered the defect. A notification made within two months of discovery is always considered timely.
12.3 Our liability for defects that existed at the time of delivery extends for three years from delivery. If a product is defective, you may be entitled to repair, replacement, price reduction or cancellation of the purchase.
12.4 We will respond to complaints within a reasonable time and seek to resolve them promptly.
12.5 If you return a defective product, we will bear the cost of return shipping.
13 RETURNS & EXCHANGES
13.1 Your statutory right of withdrawal is described above. The return and exchange policy below applies in addition to, and does not limit, your statutory rights. Also note that this section applies to voluntary returns and exchanges and does not affect your statutory rights in case of defective products.
13.2 You may return items within 30 days of delivery. You must return the products without undue delay and ship the return within the period of 30 days from delivery.
Products must be unused, in their original packaging, with all tags and accessories attached. Items that are worn, washed, damaged or altered may not be accepted. For hygiene reasons, underwear and socks may be returned only if unopened.
13.3 During the statutory 14-day withdrawal period, your rights are governed by the “Right of Withdrawal” section. Any stricter conditions in this section apply only to our commercial return policy for days 15–30.
13.4 We offer free size exchanges for the same style and colour, subject to availability. Register your exchange and return the original item. We will ship the replacement size once we have received your return.
13.5 To make a return or exchange, use the return function on our website and follow the instructions. You will be able to download a return shipping label and, where applicable, a pro forma invoice.
13.6 To ensure prompt processing of your return and the security during transit, we recommend using our return label for convenience and safety. This does not limit your statutory right of withdrawal. However, you may return the products using another carrier at your own expense and under your sole responsibility.
13.7 You are responsible for the cost of return shipping. The cost may vary depending on your location and chosen carrier.
13.8 If you return items, we will reimburse standard delivery costs. Additional delivery costs (such as express delivery) will not be reimbursed.
13.9 Berg&Berg does not refund import duties or VAT paid to local authorities for customers outside the EU, the United States or Norway.
13.10 If an order is not collected and is returned to us, a return shipping fee may be deducted from the refund.
13.11 Refunds under the statutory right of withdrawal are processed within 14 days from the day we receive your withdrawal notice, subject to our right to withhold reimbursement until the products have been returned or evidence of return has been provided. Refunds under our commercial return policy are credited to the original payment method within 30 days of receiving the returned products.
14 ERRORS, INACCURACIES AND OMISSIONS
14.1 The website may occasionally contain typographical errors, inaccuracies or omissions relating to products, prices, promotions, availability, shipping charges or delivery times.
14.2 We may correct errors, update information or cancel orders where information on the website is inaccurate. If an error affects a confirmed order, we will inform you and offer you the choice to proceed at the correct price or cancel the order and receive a refund.
14.3 We are not obliged to update, amend or clarify information on the website except as required by law.
15 PROHIBITED USES
15.1 You may not use the website or its content: (a) for any unlawful purpose; (b) to encourage unlawful acts; (c) to violate applicable laws or regulations; (d) to infringe intellectual property rights; (e) to harass, abuse, defame, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the website or related services.
15.2 We may suspend or terminate access to the website if you violate these restrictions.
16 WARRANTIES AND LIABILITY
16.1 Nothing in these Terms excludes or limits your statutory rights as a consumer.
16.2 To the fullest extent permitted by applicable law, the website, services and products are provided “as is” and “as available”, except as expressly stated by us.
16.3 We do not guarantee that the website or service will be uninterrupted, secure or error-free, or that results obtained from using the service will be accurate or reliable.
16.4 Our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Swedish or EU law.
17 INDEMNIFICATION
17.1 This section applies only if you act in a business capacity.
17.2 You agree to indemnify and hold Berg&Berg, its affiliates, officers, employees, contractors, suppliers and service providers harmless from claims, losses, liabilities and reasonable legal fees arising from your breach of these Terms, your violation of law or your infringement of third-party rights.
18 SEVERABILITY
18.1 If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or, where necessary, severed from these Terms.
18.2 The remaining provisions will continue in full force and effect.
19 FORCE MAJEURE
19.1 Neither party is liable for failure or delay in performing its obligations where the failure or delay results from circumstances beyond that party’s reasonable control, including natural disasters, pandemics, war, terrorism, government action, labour disputes, telecommunications or power disruptions, or failures by third-party suppliers or carriers.
19.2 The affected party must notify the other party as soon as reasonably practicable and use reasonable efforts to mitigate the effects of the event.
19.3 If a force majeure event prevents us from fulfilling a confirmed order for more than 30 days, you may cancel the order and receive a refund. Nothing in this section limits your mandatory consumer rights.
20 TERMINATION
20.1 You may stop using the website at any time. If you have an account, you may terminate your use by notifying us that you no longer wish to use our services.
20.2 We may suspend or terminate your access to the website if you breach these Terms or if we reasonably suspect misuse, subject to any notice requirements under applicable law.
20.3 Rights and obligations accrued before termination will survive termination where relevant.
21 ENTIRE AGREEMENT
21.1 These Terms, together with any policies referred to in them, constitute the entire agreement between you and Berg&Berg regarding your use of the website and our services.
21.2 They supersede previous communications or agreements relating to the same subject matter.
21.3 A failure by Berg&Berg to exercise or enforce any right under these Terms does not constitute a waiver of that right.
21.4 Nothing in this section excludes liability for pre-contractual statements or representations where such liability cannot be excluded under applicable consumer law.
22 GOVERNING LAW
22.1 These Terms and any separate agreements are governed by Swedish law.
22.2 If you are a consumer habitually resident in another EU Member State, you may also rely on mandatory consumer protection rules in your country of residence.
22.3 Disputes may be brought before the competent Swedish courts or, where applicable, before the courts of your country of residence. You may also refer disputes to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN) at www.arn.se, or visit https://consumer-redress.ec.europa.eu/index_en for information and a list of alternative dispute resolution bodies within the EU.
23 CHANGES TO THESE TERMS
23.1 The current version of these Terms is available on this page.
23.2 We may update these Terms from time to time. If we make material changes, we will notify you by email or by a prominent notice on the website before the changes take effect, where required by law.
23.3 Material changes may require your active acceptance. If you do not accept a material change, you may stop using the website or close your account before the change takes effect.
23.4 For non-material changes, you should review this page periodically.
24 CONTACT INFORMATION
Questions about these terms should be sent to us at shop@bergbergstore.com.
25 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy for full details on how we collect, use, and protect your data, your rights as a data subject, and how to contact us.