Terms

TERMS & CONDITIONS

Updated 03-12-2020

IMPORTANT NOTICE

Before placing an order please read through these Terms.

These terms apply when you purchase an item from this website. The Terms may be updated from time to time (for example to reflect changes in technology, our business model, our system capacity, or relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to “you” or “your” means you as a user of this website, any reference to “we”, “us” or “our” means Berner Kühl ApS.

If you do not accept these Terms, you cannot order or purchase products on this website.

You have the right to withdraw from this contract without giving any reason within 14 days after the date on which you or a third party other than the carrier received the item.

The rules on lack of compliance in the Danish Sale of Goods Act apply to your purchase, which means that you have certain statutory warranties for the products’ conformity with the contract. Read more under “Non-conforming products and incorrect products”.

 

TERMS OF SALE AND DELIVERY

The terms of sale and delivery apply for productions purchased on bernerkuhl.com

Berner Kühl ApS

CVR-nr. 40472460

Frankrigsgade 17, 3.TV

2300 Copenhagen S

Denmark

Mail: contact@bernerkuhl.com

Phone: +4560246400

 

1. Order confirmation

By accepting these terms and conditions, and upon confirmation of the customer’s order, a written and binding agreement is entered between the customer and bernerkuhl.com. Once an order is completed on bernerkuhl.com, the customer will automatically receive a confirmation of the purchase. 

2. Age restriction

If the customer is under 18, permission must be obtained from a parent or other person of authority.

3. Payment

bernerkuhl.com accepts Dankort, VISA/Dankort, VISA Electron, MasterCard, Maestro, Paypal, Apple Pay and Mobilepay. If payment is by debit or credit card, the customer must enter all necessary information on the card and, in the case of a transaction with 3D Secure, the security code. All information is sent securely to bernerkuhl.com, using SSL (Secure Socket Layer) through an encrypted connection. This prevents any unknown and unauthorised sources from accessing customer information. bernerkuhl.com does not store customer credit card information after completing the transaction. If payment is completed through PayPal, the customer can safely transfer money for the transaction with SSL (Secure Socket Layer) and an encrypted connection.

If you pay through PayPal, you are not protected by the scheme granting the right to object. Read more about the conditions on the PayPal website.

The amount will not be withdrawn from your card until your order has been sent.

All prices include Danish VAT. Prices are without shipping costs or other services, which bernerkuhl.com may offer. We reserve the right to change prices at any time. On bernerkuhl.com prices are shown in the following currencies: Danish Kroner (DKK) and Euro (EUR)

4. Local levies

Please note that local import duties changes depending on country and region. These taxes are to be paid by the customer.

5. VAT exempt purchases (for customers outside of the EU)

When shopping from outside the EU the VAT (25% of total price) will be removed automatically in the checkout process when the shipping country is selected.

Prices do not include payment or delivery charges.

The VAT (25% of total price) is removed because customers outside the EU risk paying local import taxes. These charges are the responsibility of you, the buyer, and are set by local tax authorities in your country.

U.S. tax and duty
bernerkuhl.com can send orders to the U.S. for 800 USD free of taxes and duty per shipment, due to the increase in U.S. de minimis.

6. Return rights

As a consumer, when you place an order with us, you have a 14-day cooling-off period, in which you have the right to return your order.

This cooling-off period expires 14 days after you have received your order. If you have ordered several items in the same purchase, and they are delivered separately, the period runs from the day you received the last item.

You cannot cancel the purchase by refusing to receive the goods unless giving us notice by using the Standard Cancellation Form, which you’ll find at the bottom of this page.

Return part of the purchase

If you have purchased more than one item from us, you can return one or several items, even if they were bought in a single order.

 

Returning the goods

All items shall be returned to:

Berner Kühl ApS

ATT: WEB

A.P. Mollers Allé 55

2791 Dragor

Denmark

 

The below are the steps to follow if you are to return an item:

1.      Return Form. Find the return form that you received with your parcel.

2.      Fill out the return form and remember to write what you are returning and tick whether you wish to return or exchange your item.

3.     Pack the items. Pack your return item(s) using the original packing provided. Shoes must be returned in their original box, inside another solid carton box.

 

Shipments do not include a return shipping label, and return shipping costs are the responsibility of the customer.

We strongly advise your return shipment to have a traceable service, so it can be located at all times. Please note that the customer must retain the receipt of the return shipment until the product is received and refunded by bernerkuhl.com. We only accept returns sent directly to the address above.

 

PayPal return service

If you paid for your order via PayPal, they will refund your return shipping costs up to 30 USD on 12 eligible purchases a year.

The state of the item when you return it

If the value of the item is reduced, and the reason is that you have used it in any way beyond what was necessary to check the type and properties of the item and how it works, then only part of the purchase sum can be refunded to you. The amount that can be refunded depends on the saleable value of the item, and in certain cases this may mean that only the freight charges can be refunded.

We recommend that you return the item in its original packaging.

If the original packaging is missing, it may reduce the value of the item.

Refund of the purchase sum

If you cancel or return one or more items, you will get your money back. Once we have inspected the returned goods, we will issue a refund (excluding delivery costs). You will receive an email confirming that your return has been processed.

The refund will automatically be issued, using the same method of payment which you used for the original purchase unless otherwise agreed.

7. Claims

When you trade with us as a consumer, the Danish Sale of Goods Act applies.

This means that all items bought on bernerkuhl.com have a 2-year manufacturing warranty. You must make your complaint within a “reasonable time” after you have discovered a defect. If you complain within two months after discovering a defect, it will always be regarded as within a reasonable time.

Please start by send us an email at contact@bernerkuhl.com with as many details as possible about the defect. Remember to include your order number and a few pictures of the faulty item.

We will try to resolve any issue with a faulty item and process your claim as quickly as possible.

If your claim is approved, it means that you may either have the right to get the item repaired or replaced. In some cases, we will refund the money or make a reduction in the original price, all depending on the specific situation.

8. Shipping

We dispatch orders with Postnord, By Expressen, DHL and GLS to all international destinations. Exceptions cannot be made. All packages are insured and have a tracking number so the package can be traced.

Delivery times for Express service in Europe are 1-3 working days. Express service outside Europe are delivered within 3-5 working days. We accept no responsibility for delays in customs processes outside the EU. Delivery times are a guide.

Shipping costs vary from country to country. The prices are shown on bernerkuhl.com, under Shipping-page, and are added to the order total when you proceed to check out.

Customer Service is at the customer’s disposal to answer any questions regarding shipping costs on contact@bernerkuhl.com and +45 60 24 64 00.

We reserve the right to request additional shipping costs from the customer on orders for multiple items.

9. Privacy

Bernerkuhl.com treats customer information with the utmost respect and integrity. No information will be disclosed to third parties.

We need the following information when you trade with us:

Name, address, telephone number and e-mail address.

We register and pass on the personal details which are necessary to deliver the goods to you.

Personal data is registered with Berner Kühl ApS and is kept for five years, after which the details are deleted.

In addition, we work with a number of other companies who store and process data. These companies process the data exclusively on our behalf, and must not use them for their own purposes.

We work only with processors of data in the EU or in countries where your data will be given adequate protection.

On bernerkuhl.com the company responsible for data is Berner Kühl ApS.

You are entitled to be told what details about you we process.

If you believe the details are inaccurate, you are entitled to have them corrected. In certain situations, we are obliged to delete your personal data if you ask us to do so. These could, for instance, be data which are no longer necessary for the purpose we used them for. You can also contact us if you believe that your personal data are being processed in a way that is against the law. You can also write to us at: contact@bernerkuhl.com.

10. Where you can complain

If as a consumer you want to complain about your purchase, please write contact@bernerkuhl.com If you do not succeed in finding a solution, you can send a complaint to the Centre for dealing with complaints at:

Center for Klageløsning

Nævnenes Hus

Toldboden 2

DK-8800 Viborg

naevneneshus.dk

 

If you are a resident of a country outside Denmark, you can complain to the EU Commission’s online complaints portal here: http://ec.europa.eu/odr

 

PRIVACY POLICY

Updated 04-01-2021

DATA PRIVACY

Data privacy is of high importance Berner Kühl. We want to be open and transparent with our processing of your personal data. We, therefore, have a policy setting out how your personal data will be processed and protected. We are responsible for any personal data delivered to www.bernerkuhl.com, and we only distribute personal information to our e-commerce partners if it is in connection with the service we are delivering to you.

PERSONAL DATA CONTROLLER

www.bernerkuhl.com is the official online shop for the Danish company, Berner Kühl ApS. Berner Kühl ApS is the controller of the personal data you submit to us and is responsible for your personal data under applicable data protection law.

 

Berner Kühl ApS

CVR-nr. 40472460

Frankrigsgade 17, 3.TV

2300 Copenhagen S

Denmark

Mail: contact@bernerkuhl.com

Phone: +4560246400

 

Berner Kühl is collecting information about you when you are actively filling in details on www.bernerkuhl.com making a purchase, participating in a competition, signing up for our newsletter and other activities concerning our e-commerce business. We collect and store name, e-mail address, address and other information to deliver our service and purchase to you. Furthermore, we collect and store your IP address and information on your traffic on the website. We use cookies and gather traffic information on the website.

We will save your e-mail address through the check-out stage with the intent of creating a better shopping experience for you as a customer. If for any reason you decide to abandon your cart, you will receive an e-mail where you can have the option of restoring your order and completing the purchase.

You can always unsubscribe via the abandoned cart e-mail you have received.

Collection of your personal information happens in one or more of the following cases:

When you purchase goods online at www.bernerkuhl.com

When you abandon cart before purchase

When you sign up for Berner Kühl’s newsletter

When you participate in one of Berner Kühl’s competitions or raffles

Although you are using your e-mail address in more than one of the above cases, your information will only be collected and registered either in Centra Long Island AB or APSIS International AB (cases related to e-mail marketing will be collected and registered by APSIS International AB). Thus, your information may, for example, be recycled when you shop with us, and you will also avoid receiving Berner Kühl’s marketing material multiple times.

By entering your information and signing up for our newsletter, you permit to Berner Kühl’s consent to collect and process your personal information to send you our newsletter. Only Berner Kühl receives and has access to your information. You can withdraw your consent at any time at contact@bernerkuhl.com


COOKIES

Berner Kühl collects information about customer behaviour on the website with the use of cookies. A cookie is a small text file placed on the client computer’s hard drive which tracks the customer’s behaviour. Cookies are used to personalise the customer’s online experience on bernerkuhl.com. Cookies are reliable files that can execute program code, cannot transmit viruses and cannot be used to gather information about the customer’s internet use on external sites. www.bernerkuhl.com does not use cookies to collect or store personal information. The customer may choose not to accept cookies. Most Internet browsers allow you to delete or block cookies and to ask for the customer’s consent before a cookie is stored. Managing cookies is in the web browser’s preferences. Please note that if the customer does not wish to use cookies when visiting www.bernerkuhl.com, it may have an impact on the buying experience. www.bernerkuhl.com uses cookies to keep the customer’s shopping cart updated and cookies are also required to execute a checkout.

Berner Kuhl uses the following cookies

We use cookies for the following general purposes: user functionality, statistics, sales and advertising. The functional cookies are used to ensure that www.bernerkuhl.com works as intended, which amongst other things, allows the customer to be able to add items to the cart, complete a purchase etc. No personal information is stored and cookies are automatically deleted when the browser is closed. We use services from Google (Google Analytics, Tag Manager, AdWords) and Mouseflow (a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser) to collect web statistics. Cookies from these providers offer the ability to see which pages are visited, traffic referrals etc. This information is used to measure and improve the customer experience as well as analysing up on sales and advertising campaigns.

Use of information

The information is used only for the purpose for which they submitted, for instance, to complete a purchase on www.bernerkuhl.com. Moreover, we use the information for statistics and to map tendencies to optimise the functionality of the website.

Personal data is collected and used for the following purposes:

Completion of orders in our webshop

Subscription to our newsletter

Administration of user account

Participation in competitions or raffles

Submission of other marketing material including invitations to events or grants of value codes

Collection and evaluation of customer reviews

Overview of purchase history

Statistics and analytics of traffic on www.bernerkuhl.com

Other marketing initiatives
We want to point out that the use of your personal information for the promotion of marketing material will only take place if you have previously given your explicit permission unless the law allows us to contact you without your prior permission.

We are recording statistics on which areas of the site our users visit and the users’ favourite products. These data do not contain personal information. By means of the collected data, knowledge of users’ use of www.bernerkuhl.com is gained. This information is used to improve www.bernerkuhl.com. We cannot see where you come from or browse the internet when you leave bernerkuhl.com. We do not sell or disclose information about our users’ use and navigation on our website, and we do not sell or disclose your purchase information to third party use.

Storage of data

The data we collect from you is stored within the European Economic Area (“EEA”) but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws. For transfers outside the EEA, Berner Kühl will use Standard Contractual Clauses and Privacy Shield as safeguards for countries without adequacy decision from the European Commission.

Data will be stored for a maximum for 60 months. This is dependant upon the type of personal data, as well as the DPA-agreement  between Berner Kühl and the data processor.

Transmission to other data controllers

Your personal information will not be disclosed to a third party without your permission. However, under certain circumstances and under the law, it may be a necessity to disclose information to public authorities. For example, information may be disclosed to the police in case of suspicion of credit card fraud.

Hand over to other data processors

Information for the delivery of goods is handed over to the freight company used by Berner Kühl. Likewise, your personal information is left Berner Kühl’ affiliates who provide service on behalf of us, e.g., in connection with the sending of newsletters. Our partners only treat personal data on behalf of Berner Kühl and always in accordance with our instructions. All data processors used by Berner Kühl have a DPA-agreement between the two parties.

Hand over to third country

Ecommerce Technology Innovation Centra Long Island AB may transfer personal data outside the EU/EEA, including to the Approved Sub-Processors specified in Appendix, provided that a valid legal ground applies for such transfer. In the event of a transfer of Data outside the EU/EEA initiated by the Processor, the Processor shall upon the Berner Kühl request demonstrate that a valid legal ground applies to the transfer.

Appendix 

Amazon Web Services, Inc.

Digital Ocean, Inc.

Google LLC

Microsoft Corporation

Zendesk Inc.

Young & Skilled Sp. z o.o.

 

What are your rights

You have the right to request information about the personal data we hold on you at any time, however with certain statutory expectations. You also the right to object the collection of information and the further processing of your personal information. Furthermore, you have the right to correct, delete or block or personal information in accordance with the rules. You also have the right to obtain information about yourself that you have given us, and to transmit this information to another data controller. You can contact Berner Kühl that will provide you with your personal data via e-mail: contact@bernerkuhl.com

Erasure of personal information

We will delete your personal information when we no longer need to process them for the fulfilment of one or more of the purposes set out in the ‘personal data’ section. However, the information may be processed and stored in anonymous form. Furthermore, we do not store credit card information.

Withdrawal of consent

You may revoke any consents you may have given us at any time. We will then delete your information unless we can continue processing on another basis. We take data privacy and protection very seriously and therefore we have dedicated customer service personnel who handles your requests in relation to your rights. Please contact us at contact@bernerkuhl.com or +45 60 24 64 00 weekdays between 09.00-16.00

Changing and erasure of personal information

If you wish to update, change or delete personal information that we have registered on you or if you wish to access the personal information processed about you. If you have any questions about the above guidelines, please contact us at contact@bernerkuhl.com or+45 60 24 64 00 weekdays between 09.00-16.00

You can also write to us:

Berner Kühl ApS

Frankrigsgade 17, 3tv.

2300 København S

Denmark

 

Right of appeal

If you wish to complain about the processing of your personal information, please contact us by e-mail, phone or letter as indicated above.

You may also contact the Danish Data Protection Agency:

Datatilsynet

Borgergade 28, 5

1300 København K