General Terms and Conditions

General Terms and Conditions (GTC)

These General Terms and Conditions (GTC) apply to all orders placed through the website www.modeberg-bern.ch, operated by Modeberg LLC (hereinafter "Modeberg Bern"). By placing an order, the customer agrees to these terms.

1. General Information

Modeberg Bern sells fashion products online. The offered products are shipped from Asia, mainly from China. These GTC regulate the rights and obligations of the parties within the framework of online sales and also apply to international orders.

2. Conclusion of Contract

The presentation of products on the website does not constitute a legally binding offer but an invitation to treat.
By placing an order, the customer submits a binding offer.
Modeberg Bern reserves the right to reject orders without stating reasons, especially in cases of payment issues, suspected fraud, or violations of the GTC.

3. Prices

All prices are stated in Swiss Francs (CHF). For orders from abroad, billing may be done in another currency.
Shipping costs are shown separately.
Customs duties and import taxes are the responsibility of the customer.

4. Payment

Accepted payment methods: credit card, TWINT, PayPal, and other options listed on the website.
Payment is due at the time of order. The contract is considered concluded once payment has been confirmed.
In case of chargebacks or unauthorized payments, Modeberg Bern reserves the right to initiate collection measures.

5. Delivery

Processing time: 1–3 business days after receipt of payment.
Average delivery time: 6–12 business days (non-binding).
The total delivery time is usually 7 to 15 days.
Force majeure (natural disasters, strikes, pandemics, customs delays) may lead to longer delivery times.
Transfer of risk: The risk passes to the customer upon handover of the goods to the transport company.
Uncollected or undeliverable shipments due to incorrect address will not be refunded.

6. Right of Withdrawal & Returns

Withdrawal period: 30 days from receipt of the goods.
Returns only after prior contact and at the customer's own expense.
Goods must be unworn, unwashed, and in original packaging.
Discounted items are excluded from exchange/return.
For defective items, only replacement delivery is provided, no refund.

7. Retention of Title

The goods remain the property of Modeberg Bern until full payment has been made.

8. Warranty & Liability

In case of defective goods or incorrect delivery, replacement will be provided if possible.
A refund in such cases is excluded.
Exclusion of liability for consequential damages, lost profits, or indirect damages.
Maximum liability: value of the original order.

9. Intellectual Property

All content (texts, images, designs) is protected by copyright. Any use without written permission is prohibited.

10. Data Protection

The processing of personal data is carried out in accordance with our [Datenschutzerklärung]. This is an integral part of the GTC.

11. Applicable Law & Jurisdiction

These GTC are exclusively subject to the law of the United States of America (USA), excluding the UN Sales Convention.
Jurisdiction for all disputes is Delaware, USA.

12. Severability Clause

Should individual provisions of these GTC be invalid, the remaining provisions shall remain valid.