Bergman Media Supply

General Terms of Delivery

This document establishes the conditions that govern the use of this website www.bergmanmediasupply.com and the purchase of products on the website (hereinafter referred to as the "Conditions").

We urge you to read the Conditions, our Cookies Policy and our Privacy Policy (https://bergmanmediasupply.com/privacy-policy/) carefully before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions and our Data Protection Policies, so if you do not agree with all of the Conditions and with the Data Protection Policies, you must not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of formalization of the relevant Contract (as defined further on) or of use of this website shall be those that apply. If you have any questions regarding the Conditions or the Data Protection Policies you may contact us by using the Contact form on our website (https://bergmanmediasupply.com/contact-us/).

1. OUR DETAILS

Sale of products or services through this website is carried out under the name Bergman Media Supply SAS, company code 881 028 732, address 100 Rue Victor Baltard, 13290 Aix en Provence, France.

2. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

3. USE OF OUR WEBSITE

When you use this website and place orders through it, you agree to:

  • Use this website to make legally valid enquiries and orders only
  • To pay the services as agreed and accept the delivery terms of the company
  • Provide us your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.

4. SERVICE AVAILABILITY

The products and services offered on this website are available globally. However we reserve the right to cancel the order if the delivery is not possible in reasonable time and cost. This might mean very selected and isolated locations. All online products are available globally.

5. FORMALISING THE CONTRACT

There is a contract between you and us in relation to any product/service when your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full. For online services there are some special conditions mentioned in a webshop.

To place an order, you must follow the online purchasing procedure and click "Authorize payment". After doing so, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed via email. We will confirm the order or purchase with an email, where all the paid products are mentioned.

6. AVAILABILITY OF PRODUCTS

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
All photo products are available by order only.

7. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product or service from this website at any time and to remove or modify any material or content from the same.

Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.

We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.

8. DELIVERY

Shipping time is depending on destination. All products are delivered from France. We will inform you about the delivery time as soon as we get your order. Notice, that all products are ordered one by one. We are very strict with safety and reliability of the delivery.

Depending on the product, it can be shipped in a safe and high quality cardboard box or tube. With special orders and products, we will be in contact with you about  the shipment and safety of the product.

10. INABILITY TO DELIVER

In case it is impossible to deliver your order, it will be returned to us. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise the delivery on another day.

If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Agreement has been terminated. Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.

10. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The product risks shall be your responsibility from the moment of delivery. You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 9 above), if that were to take place at a later time.

11. PRICE AND PAYMENT

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipment Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

The prices on the website include VAT (outside EU 0%), but exclude delivery fees, which are added to the total price as indicated in the webshop. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, those will be added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" section.

You may use, as payment method, the cards Visa, Mastercard, American Express.

To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction.

Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.

You expressly authorize us to issue the invoice for payment electronically. This notwithstanding, you may freely indicate at any time your desire to obtain a paper invoice, in which case we will issue it and send it to you in said requested format.

12. VALUE ADDED TAX

All purchases done through this website inside EU are subject to the statutory Value Added Tax (VAT). The prices displayed on this website include VAT except if you´re purchasing outside of EU.

13. EXCHANGE/RETURN POLICY

FOR DIGITAL PRODUCTS THERE IS NO RIGHT TO RETURN.

Legal right of withdrawal

Right of withdrawal
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, or after 14 days from the day on which you acquired, or a third party other than the carrier indicated and by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you may notify us at Bergman Media Supply SAS, 100 Rue Victor Baltard, 13290 Aix en Provence, France, by calling us on +33 6 81 96 23 75, by sending an e-mail to contact@bergmanmediasupply.com or by writing to us using our Contact form on our webpage.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original delivery place (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such transaction using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.

You shall return the product to us without undue delay and in any event not later than 14 days from the day on which you communicated your withdrawal from this Contract to us. The deadline is met if you hand back the goods or supplied evidence of having done so before such period of 14 days has expired.

You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods.

Common provisions

You shall not have the right to cancel the Contract when it is for the delivery of customised items.Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them.

No reimbursement will be made if the product has been used more than just inspecting it in such a way it could have been done in a physical store, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products.

Where you would not wish to use neither of the free return methods available, you will be responsible for the return costs and you shall include with the return a print-out of the E-ticket. Please bear in mind that if you wish to return the goods to us freight collect we may charge you any costs incurred in such return.

After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having returned the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase.

You shall assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us on our Contact form on our website or by calling +33 6 81 9623 75.

Returns of defective products

In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our Contact form on our website, providing the product details and the damage sustained, or calling us on +33 6 81 96 23 75, where we will indicate what you need to do.

The product is returned as described under 13. above.

We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the reasonable costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase.

All rights recognized in current legislation shall in any case be safeguarded.

This is regardless of your right of withdrawal, which will continue to exist legally and contractually. You can request the change of size via the "Orders and returns" section of "My account" on this website.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding for both you and us, as well as for our respective successors, transferees and heirs.

You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.

15. FORCE MAJEURE

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (Force Majeure).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  • Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

16. ENTIRE AGREEMENT

These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.

You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.

17. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.

18. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by French law.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the French courts. If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.

You can address your complaints to us via the email address contact@bergmanmediasupply.com in order to seek an out-of-court settlement.

In this regard, if the purchase between you and us has been concluded online through our website, we hereby inform you, in line with EU Regulation No. 524/2013, that you are entitled to seek such out-of- court settlement through the platform for online dispute resolution, accessible through the Internet address http://ec.europa.eu/consumers/odr/.

19. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send any comments and suggestions through our Contact form on our website.

20. COPYRIGHT

All photography products in the Bergman Media Supply webshop are copyright of Bergman Media Supply, photographer Tiina Kovanen-Bergman. All rights reserved.

Without limiting the rights under copyright above, no part of the photo products may be reproduced or transmitted, in any form or by any means (electronic, photocopying or otherwise), without prior written permission of the above owner.