Terms & Conditions

Last Update: 13th June 2023

INTRODUCTION

Welcome to the Emanuel Berg website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products, you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.

Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by email at e-shop@emanuelberg.com . We are open between 9am-4pm (Warsaw Time).

You should print a copy of these Terms for future reference.

1. DEFINITIONS

"Personal Information" means details provided by you on registration;

"Product" means a product displayed for sale on the Website;

"Serviced Countries" means each country from our “List of serviced Countries”;

"We/us" means:

HEAD OFFICE:
SHIRTMAKERS FAMILY GmbH
Anton-Webern-Str. 3
51503 Rösrath, Germany

Phone: +49 2205908920
E-mail: e-shop@emanuelberg.com

SHIPPING WAREHOUSE:
KENT Sp. z o.o. - Emanuel Berg
ul. Nowodworcowa 23
81-581 Gdynia, Poland

E-mail: e-shop@emanuelberg.com

"Website" means the website located at www.emanuelberg.com or any subsequent URL which may replace it;

"You" means a user of this Website.

2. USE OF THE WEBSITE

2.1. Access

You are provided with access to this Website in accordance with our Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries.

2.2. Registration

By registering as a user of our Website, you warrant that:

the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by email e-shop@emanuelberg.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

2.3. Our rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change these Terms from time to time in accordance with clause 13.9. Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.

3. PURCHASE OF PRODUCTS

3.1. Ordering

By placing an order through our Website, you warrant that you are:

legally capable of entering into binding contracts;
at least 18 years old;
resident in one of the Serviced Countries; and
accessing our Website from that country.

3.2. How the contract is formed between you and us:

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the “Shipping Confirmation” email). The contract between us (“Contract”) will only be formed when we send you the Shipping Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
Non-acceptance of an order may be a result of one of the following:

- The Product you ordered being unavailable from stock.

- Our inability to obtain authorisation for your payment.

- The identification of a pricing or Product description error.

- You not meeting the eligibility to order criteria set out in these Terms.

If you do require any information regarding orders you have placed with us please email us: e-shop@emanuelberg.com.

4. CONTRACT CANCELLATION

4.1. If you are contracting as a Consumer, you may cancel a Contract at any time within 30 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. We will refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not incur any costs for the Consumer.

4.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately and at your own cost and risk (more details: Returns and Exchanges). Please take reasonable care of the Products while they are in your possession. This provision does not affect your statutory rights.

5. DESCRIPTION OF PRODUCTS

5.1. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Order Confirmation.

5.2. Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.

6. PRICE AND PAYMENT

6.1. All prices on the Website are quoted in Euro (EUR) and include VAT 19% payable but exclude delivery charges, which are detailed separately (see Delivery Charges).

6.2. The price of any Product will be as quoted on our Website. In the event that the product is listed at an incorrect price due to a typographical error, We shall have right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged.

6.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

6.4. In each case of informing about a reduction in the price of Products, in addition to the information about the reduced price, We shall also make visible the information about the lowest price of the products, which was in effect 30 days before the introduction of the reduction. If the commodity is offered for sale for a period of fewer than 30 days, in addition to the information about the reduced price, We shall also make visible the information about the lowest price of this commodity that was in effect during the period from the date of commencement of offering this commodity for sale until the date of introduction of the reduction.

6.5. Every effort has been made on this Website to ensure that shopping online is safe and secure. Shirtmakers Family GmbH cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.

6.6. If you order Products from our Website for delivery outside the European Union, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. (Read more about taxes and duties.)

6.7. Please note that you must comply with all applicable laws and regulations of the country for which products are destined. We will not be liable for any breach by you of any such laws.

7. DELIVERY

7.1 From receipt of your order and payment in full we aim to deliver within 7 working days, stock permitting. Please add extra 10 working days if you require customization, i.e. sleeves shortening or embroidered monogram. Both alterations, i.e. sleeves shortening and monogram embroidery will extend the delivery by 10 working days.

7.2. Where there is a delay in the supply of goods you ordered, we will advise you as soon as practicable. If goods cannot be delivered within the planned time, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.

7.3. For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.

7.4. Our shipping warehouse is located in Poland:

KENT Sp. z o.o.
Emanuel Berg online shop
ul. Nowodworcowa 23
81-581 Gdynia, Poland
Email: e-shop@emanuelberg.com.

7.5. Kent Sp. z o. o. insures each purchase during time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package. Please note that we cannot deliver to PO boxes.

7.6. You may track the delivery of your order by using the Tracking Number provided by the courier company. You will find the Tracking Number for your order either in Your account or in the shipping confirmation e-mail. Our couriers deliver from Monday to Friday during office hours and you cannot pre-book delivery times. Undelivered packages will be returned to our warehouse.

7.7. For more guidelines on delivery process please see our Delivery page.

8. RETURN OF GOODS

8.1. Non-sale and unaltered Products purchased via the Emanuel Berg Website can be returned to us for a full refund or exchange within 30 days of the date of dispatch.

8.2. When you return a Product to us:

because you have cancelled the Contract between us within the 30 day period above we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us;
for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

8.3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.4. For guidelines on return process and further information please see our Returns and Exchanges page.

9. THIRD PARTY LINKS

9.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10. PRIVACY

10.1. We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

11. OUR LIABILITY

11.1 We warrant to you as a Consumer Delivery of Products in accordance with the contract, i.e. Products whose description, type, quantity, quality, completeness and functionality correspond to the content of the concluded contract.

11.2. If the Product is not in conformity with the contract, You as a Consumer may:

demand its replace or replacement: We may make a replacement when You, being a Consumer, demand repair, or We may make a repair when a Consumer demands replacement if it is impossible or would require excessive costs for Us to bring the Product into conformity with the contract in the manner chosen by the Consumer. If repair and replacement are impossible or would require excessive costs for Us, We may refuse to bring the Product into conformity with the contract. We shall repair or replace within a reasonable time from the moment We are 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.
make a statement of price reduction or withdrawal from the contract when:

a) We have refused to bring the Products into conformity with the contract by Section 11.2.1. of the Terms and Conditions;

b) We have failed to bring the goods into conformity with the contract by clause 11.2.1. of the Regulations;

c) the non-conformity of the Products with the contract continues even though We have tried to bring the Products into conformity with the contract;

d) the lack of conformity of the Products with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first resorting to the means of protection specified in section 11.2.1. of the Terms and Conditions;

e) it is clear from our statement or circumstances that it will not bring the Products into conformity with the contract within a reasonable time ot without undue inconvenience to the Consumer.

11.3. You, being a Consumer, who exercises rights under the conformity of the Product with the contract, are obliged to make available to us the goods subject to repair or replacement. We shall collect the Products from You being a Consumer at Our expense.

11.4. We are not responsible for the lack of conformity of the goods with the contract in terms of, their suitability for the purposes for which goods of this kind are usually 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 We have made available to the consumer before the conclusion of the contract, delivery with packaging, accessories, and instructions, which You, being a Consumer, may expect, if, at the latest at the time of the conclusion of the contract, the Consumer has been expressly informed that a specific characteristic of the Product deviates from the requirements of conformity with the contract and has expressly and separately accepted the lack of a specific feature of the Product.

11.5. We are responsible for the Product's non-conformity with the contract existing at the time of delivery and revealed within two years from that time.

11.6. You can address any complaints related to the Product in writing at our address. We will respond to the Product complaint within 14 days from the date of the request containing the complaint. If you, as a Consumer, have demanded replacement of the Product or removal of the defect, or have made a statement on price reduction, specifying the amount by which the price is to be reduced, and we have not responded to this demand within 14 days, it is considered that We have recognized the demand as justified.

11.7. We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

11.8. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

11.9. This does not include or limit in any way our liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.10. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.11. We will take all reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

12. EVENTS OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

12.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.

12.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. GENERAL

13.1. Intellectual property and right to use:

Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or website without our prior written permission.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

13.2. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

13.3. Written Communications
Applicable laws require that some of informations or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13.4. Notices
All notices given by you to us must be given to SHIRTMAKERS FAMILY GmbH, “Online shop”, Anton-Webern-Str. 3, 51503 Rösrath, Germany or by email e-shop@emanuelberg.com. We may give notice to you at either email or postal address you provide to us when placing an order, or in any of ways specified in clause 13.3. above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

13.5. Transfer of rights and obligations:

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13.6. Severance
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

13.7. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

13.8. Entire Agreement
We intend to rely upon these Terms and any document expressly referred to them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

13.9. Our Right to Vary these Terms
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

13.10. Law
These Terms and the Contracts shall be governed by and construed in accordance with the laws of Germany and you irrevocably submit to the exclusive jurisdiction of the courts of Germany. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Germany.

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