Terms of service
These terms of use, terms of sale as well as any terms or documents referenced therein (together the “Terms”) apply to any and all relation, interaction or contract with BergHOFF Worldwide NV, a limited company existing under the laws of Belgium, with registered office at Boterbosstraat 6 (bus 1), 3550 Heusden-Zolder, Belgium, and registered with the CBE (Crossroads Bank of Enterprises) under number BE0453.048.495. (hereinafter: “BergHOFF”).
Section 1 - scope
1.1. BergHOFF sells kitchen and home products under the “BergHOFF Home”-brand (the “Products”). In light of this activity, BergHOFF operates the following e-commerce websites: www.berghoffhome.com (the “Sites”),. Throughout the Sites, the terms “we”, “us”, “our”, all refer to BergHOFF. BergHOFF manages these Sites, including all info, tools, and services available on the Sites, to you, (the “Customer”).
1.2. By visiting our Sites and/or purchasing something from us, you agree to have taken note of and be bound by the following Terms of Use and Terms of Sale (“Terms”), including any additional terms and conditions and policies referenced herein or made available to you, by hyperlink or otherwise, prior to your visit or purchase. These Terms apply to all visitors of the Sites. You acknowledge and accept that these Terms apply to your use of the Site or the services offered and Products sold by BergHOFF.
1.3. If you experience any problems with the Sites or your order, please contact us at customer@berghoffhome.com.
1.4. Any new features or tools added to the current Sites shall also be subject to these Terms. You can review the most current version of the Terms on this page at any given moment. We reserve the right to update, replace or change (parts of) the Terms by posting updates or changes to the Sites. You will receive a notification of such changes but are also advised to regularly consult the latest version of the Terms.
1.5. By proceeding through the checkout process, the Customer confirms to have had the opportunity to review these Terms and confirms acceptance of these Terms by selecting or checking the statement “I accept the Terms of Use & the Conditions of Sale.”
Section 2 - product information and availability
2.1. The Products displayed on www.berghoffhome.com at the time of your visit are available for purchase subject to stock availability. Product availability is limited to standard household quantities intended for personal use and only when sold by BergHOFF Home.
2.2. If any Products from your order are unavailable, we will notify you by email or written communication. A prompt refund will be issued using the original payment method. Processing times may vary based on your payment provider. If delays occur, please consult your bank.
2.3. BergHOFF reserves the right to update or change its Product range or the specifications of its Products at any time and without prior notification. This will not affect any orders placed before the update or change or the Product range or specifications.
3.3. All Product descriptions are presented in good faith, according to the information available to us and to the best of our ability. While we strive to ensure accurate visuals, Product images may vary slightly in color or size. BergHOFF is not liable for minor deviations, inaccuracies in Product descriptions or images.
Section 3 - offers
3.1. All Site content constitutes an invitation to purchase rather than a contractual offer. Orders are subject to our written acceptance. If orders are not confirmed in writing within six (6) business days, the order is considered as declined. In such cases, the order will be canceled, and a full refund will be issued without liability through your original payment method.
3.2. We may verify or decline an order only for the reasons detailed below:
- The Product is out of stock or discontinued.
- Payment authorization fails.
- Shipping restrictions exist.
- There is a pricing or description error.
- Technical issues prevent processing.
- We suspect fraudulent activity or bot involvement.
3.3. In the event of rejection of the order, you will be notified within seven (7) days of the refusal decision with an overview of the substantiation for refusal.
Section 4 - order processing and delivry
4.1. The Customer can place orders through BergHOFF Home according to the normal ordering process as described on the Site. Unless otherwise agreed between the parties, shipping and transportation shall be at the expense of the Customer, regardless of the method of organization of transportation.
4.2. An agreement is considered as concluded either by written confirmation of the offer by BergHOFF or following the execution of the order by BergHOFF. Once the order is placed, it cannot be modified. This does not affect your right to withdrawal as detailed in article 8 of these Terms. The Customer is responsible for the provision of all necessary information for the processing of the order. If the Customer has provided incorrect or incomplete information for this purpose, BergHOFF shall be entitled to invoice the Customer for the reasonable costs arising from such change or incorrect information.
4.3. Although BergHOFF strives to handle all orders in a timely manner, all delivery terms are indicative and BergHOFF does not commit to a specific delivery term, unless agreed otherwise. Exceeding the delivery period can never, even after notice of default, give rise to any liability or any compensation.
4.4. The risk of destruction, loss or damage to the Product is transferred to the Customer as of the moment the Products were presented to your address for delivery. Ownership of Products transfers only once we received payment in full of all charges for the Product as well as any other obligation by the Customer is met. Until then, the Customer is fully responsible for any loss, theft, destruction or damage to the Product as well as for any damage resulting from force majeure, coincidence or external cause. Until the transfer of title, the Customer may not establish a lien on the Products, lease, transfer, sell, exchange or otherwise encumber them. In the event of seizure, you must inform BergHOFF in writing immediately.
4.5. Any and all information regarding delivery is detailed in the shipment terms, available at https://berghoffhome.com/policies/shipping-policy.
Section 5 - pricing and payment
5.1. Prices displayed on www.berghoffhome.com reflect the current rate at the time your order is placed. Pricing may differ across regional versions of the Sites. Unless stated otherwise, all prices include VAT. The payment options available to you are detailed in our payment policy, available at https://berghoffhome.com/policies/legal-notice. To proceed to checkout, you will see a clear button which indicates that the checkout contains an obligation to pay. You can still cancel your order until then.
5.2. Shipping and delivery fees are calculated separately and are generally calculated during checkout. Discounts applied will be shown as separate deductions (e.g. store credit). For orders shipped outside the EU, additional fees—such as banking charges or import duties—may apply and are the Customer's responsibility. By means of example, but without being exhaustive, we refer to the following countries: the United Kingdom, Switzerland and Norway.
5.3. If a pricing error occurs, we will inform you promptly. You may choose to confirm your order at the corrected price. Otherwise, we will cancel and refund your order in full.
Section 6 - right of withdrawal
6.1. Customers may cancel or return orders without providing a reason within the term and according to the instructions as detailed in our return policy, available at https://berghoffhome.com/policies/refund-policy.
Section 7 - private use only
7.1 Our Products are intended for personal, non-commercial use only. Repackaging or exporting for business purposes is prohibited. The Site is not intended for commercial buyers or resale.
7.2. Orders suspected of being placed for commercial purposes may be denied. Verification and enforcement costs will be charged to violators.
Section 8 - warranty policy
8.1. The statutory warranty applies. This is a warranty of two years from delivery for hidden defects in the Products. You must notify BergHOFF no later than two months after discovering the defect. Such notification must include a picture of the defect, a description of the defect and the discovery date.
8.2. If a warranty claim is considered as well-founded, BergHOFF shall repair or replace the delivered Products and deliver them as agreed, unless this has meanwhile become demonstrably useless for the Customer. In the latter case, you shall be entitled to dissolve the Agreement. If BergHOFF informs the Customer that it will proceed to repair, the Customer shall put the delivered Products at BergHOFF's disposal. Any charges related thereto will be borne by BergHOFF.
8.3. All possible warranty obligations will expire if errors, defects or imperfections in respect of the Products are the result of improper, careless or inexpert use, maintenance, custody or management of the delivered Products by the Customer or third parties engaged by the Customer or if they are the result of an external cause such as, for example, fire or water damage or damage due to destruction or if the Customer or a third party has made or has had changes made to the Products delivered by the BergHOFF without our consent.
Section 9 - personal data
9.1. Your submission of personal data through our online store is managed according to our Privacy Policy. We are committed to protecting your personal information and ensuring transparent data handling practices according to applicable legislation. More information can be found in our privacy policy, as available at https://berghoffhome.com/policies/privacy-policy and as amended from time to time.
Section 10 - limitation of liability
10.1. To the extent permitted by law, BergHOFF’s liability is limited to the lower of the following amounts: (i) the value of the order; or (ii) 500,00 EUR per issue giving rise to liability. This does not affect BergHOFF’s liability for negligence, fraud, intent or bodily harm.
10.2. BergHOFF Home is not liable for indirect or consequential damages such as lost profits, missed opportunities, reputational damage or service disruptions related to the use or unavailability of our Site.
10.3. We also reject liability for any damage resulting from an event of force majeure. Is considered as “Force Majeure”: any event or circumstance beyond BergHOFF’s reasonable control which is reasonably unforeseeable and unavoidable and which renders the performance of our obligations impossible or unreasonably onerous such as delivery issues caused by stock shortages, disruptions to transport, postal, or communication services, riot, war, terrorist acts, fire, flood, acts of nature, accidents, equipment unavailability not caused by the fault or neglect of BergHOFF, embargos, pandemics, epidemics, local disease outbreaks, public health emergencies or quarantines.
10.4. Insofar as permitted by law, we indemnify our employees, independent service providers and other auxiliary persons against any and all claims by Customers. You expressly acknowledge and accept that no claim can be directed at any employee, independent service provider or auxiliary person of BergHOFF for the performance of our obligations but that any claim in that sense will be directed at BergHOFF.
Section 11 - severability
11.1. If any section of these Terms is deemed unlawful or unenforceable, the remainder shall remain valid and enforceable to the fullest extent permitted by law. In this case, the unenforceable or invalid clause will be replaced with a clause that
Section 12 - applicable law and jurisdiction
12.1. These Terms are governed by Belgian law. Any dispute regarding the performance, interpretation, validity or application arising under these Terms shall be subject to the exclusive jurisdiction of the competent court appointed by the Belgian Judicial Code.
12.2. The United Nations Convention on Contracts for the International Sale of Goods as well as Book X of the Belgian Economic Code do not apply.
Section 13 - contact information
13.1. For questions regarding these Terms please reach out to us at customer@berghoffhome.com.