Terms and Conditions of BERG CLUB Ltd (last revision March 2019).
This page tells you the terms and conditions on which we will supply to you the service and products listed on our website www.bergclub.co.nz. Please read these Terms and Conditions carefully and make sure you fully understand that by trading with BERG CLUB via a one-off or recurring purchase you agree to be bound by these terms and conditions. If you do not agree to these Terms, you should not use or access this Site. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. Your use of the website after changes are made means that you agree to be bound by such changes. You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT OUR COMPANY
Welcome to BERG CLUB LIMITED, the operator of www.bergclub.co.nz. We are registered in New Zealand under number 6108709.
The BERG CLUB website and the BERG CLUB brand are the copyright of BERG CLUB LIMITED. You may not use any material from the Website without BERG CLUB’s prior written consent. This includes any material that may appear on other websites where we have permitted its use. You acknowledge and agree that the material is protected by copyright and may also be protected by trademark or other proprietary rights and laws. We are the owner or the licensee of all intellectual property rights in our Website, whether registered or unregistered, and the material published on it. The material is protected by copyright laws and all such rights are reserved.You must not use any part of our materials for commercial purposes without first obtaining a licence to do so from us and our licensors. If you post comments about the Website, Products, Membership or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to BERG CLUB you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
LICENCE TO USE WEBSITE
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Website. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. Your continued use of the Website will constitute your acceptance of any such changes.
USE OF THE WEBSITE
We are a subscription company (see Subscription below). Our BERG CLUB Services are currently available to members 18 years and over. The Service we provide on our website www.bergclub.co.nz allows you as a user to subscribe to a BERG CLUB Membership (full details on our Website of what you will expect to receive with your Membership), to allow a stylist access to your personal preferences in order to accurately understand your needs, receive outfits via post, receive newsletters by post or by email, receive samples, offers, articles and any other useful information BERG CLUB sees appropriate. The contents of each Membership will vary according to each member. We make no guarantee that you will receive a particular product in the course of your Membership. Our buyers are constantly sourcing new products which are then judged by our stylists for their suitablility in regards to your Membership. Some of our suppliers products are only available in limited quantities, and therefore can not always be exchanged for sizes. BERG CLUB branded clothing is exclusive to BERG CLUB members, and can not be purchased outside of the Membership.
The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. BERG CLUB may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before BERG CLUB reasonably could act.
To terminate your authorisation or change your payment method, either log in to your account and change your preferences, or email firstname.lastname@example.org. You will not be charged for Membership cancellation. You understand and agree that the contents of BERG CLUB membership packages are tailored especially for you based on the information provided by you. Your delivery address and name (for personalisation) should be entered correctly. BERG CLUB do not accept responsibility for any associated costs should you receive any incorrectly spelt names by you or ourselves. Should you make a genuine error, we will be happy to update your details for you, once we are advised. You are responsible for providing your correct details, including Name, Delivery Address, Sizes and Payment information. After filling out your style profile and submitting your payment details, you will receive an email from us acknowledging that you have commenced your Membership. This hereby provides a contract between us, with you as the ‘Subscriber’ and us as the ‘Supplier’. You will pay your first month’s Membership fee upon submitting your style profile and payment details. You will receive your first shipment on or around the 1st of the following month after your Membership commencement (i.e. first payment). You acknowledge that after your membership has commenced and your first shipment has been dispatched, you will henceforth be charged you Membership fee on the 15th day of each calendar month or quarter, until you decide to pause or cancel. BERG CLUB agrees, after the initial shipment, to henceforth deliver to you your Membership package on or around the 1st of each calendar month or quarter.
To terminate your BERG CLUB membership, see CANCELLATION below. You can terminate your membership at any time. You can re-subscribe at any time following your pause or cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
PRICE AND PAYMENT
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. We do not currently charge GST on membership fee prices.
BERG CLUB takes payment for goods that you purchase through Stripe Payments UK, LTD. Your bank may charge you conversion fees at their discretion. We are not liable for any conversion fees charged by your bank. BERG CLUB may change our prices at any time, if you do not wish to accept the new price you may cancel your subscription (see CANCELLATION below) otherwise payments will be at the new price. BERG CLUB is not privy to any of your credit/debit card information and no card details are stored on the BERG CLUB website or its servers.
Payment for all Products and Services must be by credit or debit card.
Outfits will be delivered to your preferred delivery address on or around the 1st of the month via our chosen courier. You will receive a confirmation email with a tracking number when your package has been dispatched. All costs for shipping and returns are included in the price of your Membership subscription. In the event of a delay by our courier, we are unable to offer a refund or to resend your delivery. We are unable to provide delivery notifications for our courier service. We will however provide you with a tracking number so you can check the status of your delivery. We cannot guarantee that delivery instructions will be followed. Timed deliveries are not available. Although our team will always try our best to ensure punctual delivery for our customers, BERG CLUB cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service that we use or anything else outside of BERG CLUB’s control. In the event of a non-delivery (BERG CLUB package has not arrived 10 working days after it was dispatched), please contact BERG CLUB at email@example.com. It is the customer's responsibility to contact us within 15 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund. BERG CLUB NZ only delivers within New Zealand. We can deliver to any standard address within New Zealand, including Rural Delivery addresses. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification. If you change address, you must update your address details by logging in to your account or emailing firstname.lastname@example.org to ensure that no deliveries are sent out to the wrong address. Please ensure this is done by the 15th of any given month. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph. We reserve the right, at our absolute discretion, to cancel your subscription if it becomes apparent to us that the postal or courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you.
RISK AND TITLE
The Products will be at your risk from the time of delivery. We accept no liability where you provide an incorrect delivery address. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
RETURNS AND REFUNDS
If you are unhappy for any reason, please contact email@example.com.
If you receive an item that is faulty, simply fill in our handy returns form and send the item/s back to us within 14 days of receiving your BERG CLUB delivery. We will send you a replacement once we have verified the item is faulty. If an exact replacement is unavailable, we will offer an alternative product, account credit or refund. Faulty garments must be returned to BERG CLUB within 14 days of receipt. Where you have opted for an account credit or refund, you will receive this within 10 days of us receiving the returned item(s). BERG CLUB will provide you with shipping instructions, and returns are at your own cost.
If you receive an item that does not fit correctly, simply fill in our handy returns form and send the item/s back to us within 14 days and we will send you a replacement size once we have received the incorrectly sized item. Generally you will receive your replacement size with your next month's order if that is relevant. Some of our suppliers only do limited runs of stock, so if an exact replacement is unavailable, we will offer an alternative product, an account credit, or a refund. The garment that does not fit correctly must be returned to BERG CLUB within 30 days of receipt. All items returned due to incorrect sizing must be in as-new unworn condition. BERG CLUB reserves the right to refuse the return should we deem the item to be worn. Where you have opted for an account credit or refund, you will receive this within 10 days of us receiving the returned item(s). BERG CLUB will provide you with shipping instructions, and returns are at your own cost.
RETURNS DUE TO CHANGE OF MIND
If you simply do not like your outfit, simply fill in our handy returns form and send the item/s back to us within 14 days. If you are returning an outfit, you must return all items from your BERG CLUB delivery to receive an exchange, account credit or refund. Once we have verified the exchange, credit or refund with you, unwanted outfits must be returned to BERG CLUB within 14 days of receipt. All items returned must be in as-new unworn condition. BERG CLUB reserves the right to refuse the return should we deem the items to be worn. Where you have opted for an exchange, the new outfit will be dispatched to you the next business day after we have received your return. Where you have opted for an account credit or refund, you will receive this within 10 days of us receiving the returned items. BERG CLUB will provide you with shipping instructions, and returns are at your own cost. All returns have a tracking number so you are able to follow the progress of your return.
You can pause or cancel your membership at any time by logging in to your account and updating your preferences, or by emailing firstname.lastname@example.org.
If you pause or cancel your membership, the pause or cancellation will take effect immediately. However, if you pause or cancel your account between the 16th and 30th of any given month, you will still receive your usual delivery on the 1st of the following month.
You will not be charged for membership cancellation, and you are free to do so at any time.
CHANGES TO YOUR STYLE PROFILE
You can make changes to your style profile at any time by logging in to your account and updating your preferences, or by emailing email@example.com. You can make changes to your delivery address at any time by logging in to your account and updating your address details, or by emailing firstname.lastname@example.org. If you email to change your delivery address between the 20th - 30th of any given month, the changes will take place the following month.
OUR CONTRACT WITH YOU
Any order that you place may be cancelled by us at any time prior to dispatch. In the event of this happening, no contract for that or those orders, will exist between BERG CLUB and you and you will be notified by email of the cancellation and the reason for the cancellation, and provided with a refund where applicable.
Your use of the Service is at your sole risk. You agree that you are entirely responsible for any interactions with other users of the Service and that BERG CLUB will bear no responsibility or have any liability in matters between you and other users of the Service. Under no circumstances will BERG CLUB be liable in any way for any Content Posted by third parties, including, but not limited to, any errors or omissions in any Content. Nor will BERG CLUB be liable for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. We reserve the right to refuse or remove any Content that violates these Terms and Conditions or that we find objectionable even if not covered in this agreement. You agree to bear all risks associated with the use of any Content including any reliance on the accuracy of such Content.
BERG CLUB makes no warranty that the service, products and Membership will meet your requirements or expectations. You understand and agree that BERG CLUB will not be liable for any direct, indirect or consequential damages as a result of using the Service. Nor will it be liable for the cost of your procurement of substitute goods for any reason including but not limited to, the non-arrival of an expected Membership package or your inability to access the Service due to a Service failure. You agree to indemnify BERG CLUB, their officers employees and agents against all losses, damages, expenses, claims, legal actions of any kind as well as injury (including death) arising from or relating to your use of the Service.
Customer feedback is very important to us. Please contact us with any questions you may have. We are here to help.
©2019 BERG CLUB LIMITED
©2019 BERG CLUB LIMITED