TERMS OF SERVICE

This website is operated by Cook Islands Pacific Pearl Merchants Ltd trading as Bergman Gallery.  Throughout the site, the terms “we”, “us” and “our” refer to Cook Islands Pacific Pearl Merchants Ltd trading as Bergman Gallery.

If you would like to access, correct, amend or delete any personal information we have about you, wish to register a complaint, or simply want any more information about these Terms of Service or about anything on our website, please contact us at:

ben@bergmanandsons.com ; or

Bergman Gallery
PO Box 91
Avarua, Rarotonga
Cook Islands
South Pacific

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.

If you do not agree to all these Terms, then you are not entitled to access the website nor use any of our services.

  • INTRODUCTION – OVERVIEW OF OUR TERMS
  1. By visiting our website and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced below and/or available by hyperlink.
  2. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content, and to all uses of this site by those users.
  3. Our site is intended as a showcase of our goods and services and as an invitation to treat. Nothing in these Terms or on our site is intended, or takes effect, as an offer to supply goods or services, except those webpages that explicitly deal with an individual sale and purchase transaction that you offer to enter into with us.
  4. Any contract is subject to our acceptance; that acceptance, and every contract, is made in the Cook Islands and is subject to these Terms.
  5. Any new features or tools that are added to the current site will also be subject to the terms of service.
  6. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for those changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  7. This website uses cookies. Be aware that when you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
  • ONLINE STORE TERMS

Your age – minors’ access to site

  1. By agreeing to these Terms, you promise to us that you are have reached the age of majority in your country, state or province of residence.
  2. If a minor dependent of yours uses this site for any purpose, then by allowing that minor to access the site, you will be treated for the purposes of all applicable laws (including but not limited to Cook Islands law) to have given us your consent to allow that minor dependent to use this site and to make purchases.

Price changes

  1. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our online store service (or any part of it or its product lines) without notice at any time. We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Product lines

  1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see below).
  2. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
  3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations; you may, however, have limited rights under the Cook Islands Consumer Guarantees Act 2008.
  4. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  5. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
  6. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited.

Our rights and discretions in choosing whether to deal with you.

  1. We reserve the right:
    1. to refuse any order you place with us; or
    2. to limit the quantities of any products or services that we offer.
    3. to limit or cancel quantities purchased per person, per household or per order
    4. to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    5. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email.
    6. If we choose to restrict sales to any person, those restrictions may, in our discretion, extend to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

 Getting the goods to you

  1. A variety of shipping methods are available from the Cook Islands including registered airmail, FedEx, DHL, air and sea freight. Please select your preferred method accordingly.
  2. Orders shipped outside of the Cook Islands may be subject to import taxes, customs duties, international duties and fees levied by the destination country. The recipient of a shipment may be subject to such import taxes, customs duties, international duties and fees which may be levied once a shipment reaches the recipient’s country.
  3. You should fully inform yourself of these as they apply in that country as any levied import taxes, customs duties, international duties and fees in that country are the responsibility of the recipient. We, as shipper, accept no responsibility for those added costs.

Returns and Refunds

  1. You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
  2. Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies. If your return is not approved for any reason, we will notify you both of the non-approval of the refund and our reasons for our decision

Shipping of returned items

  1. You will be responsible for paying for your own shipping costs for returning your item. Return shipping costs are non-refundable. If you have any questions on how to return your item to us, please contact us.
  • PRIVACY AND SECURITY

Your personal information

  1. Please note: when you purchase something from our store, as part of the buying and selling process we collect the personal information you give us, such as your name, address and email address. With your permission, we may send you emails about our gallery offers and other updates.
  2. When you provide us with that personal information we imply that you consent to our collecting it and using it for that specific reason only.
  3. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.
  4. If you choose to opt-in and afterwards change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at via email or by mailing us at: ben@bergmanandsons.com
  5. In using the site you agree that your content (not including credit card information), may be transferred unencrypted and that the transfer may involve:
    1. transmissions over various networks; and
    2. changes to conform and adapt to the technical requirements to connect networks or devices.
  6. You agree that we may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Online security

  1. While we cannot provide any guarantee of online security, our online store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
  2. Your data is stored through our website’s database. Woocommerce store your data on a secure server behind a firewall. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
  3. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
  4. All direct payment gateways that we use adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
  • USER FEEDBACK AND COMMENTS
    1. The following clauses relate to “comments”, being either, or both:
      1. Your submissions to us, made at our request (for example contest entries or feedback as to an online sale transaction)
      2. Your submissions to us by way of ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise
    2. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
    3. We are and shall be under no obligation:
      1. to maintain any comments in confidence;
      2. to pay compensation or remuneration for any comments; to respond to any comments.
  1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  2. You agree:
    1. You will not make comments that violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right:
    2. You will not make comments that contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our, or any related, website.
  • You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
  1. You are solely responsible for any comments you make and their accuracy.
  2. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • INTERACTIONS WITH THIRD PARTIES

Optional Tools and Apps

  1. We may provide you with access to third-party tools and apps over which we neither monitor nor have any control nor input. You acknowledge and agree that:
    1. We provide access to those tools and apps ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement;
    2. We will have have no liability whatsoever arising from or relating to your use of optional third-party tools and apps.
  • Any use by you of optional tools and apps offered through the site is entirely at your own risk and discretion.
  1. You must therefore make sure that you are familiar with and approve of the terms on which tools and apps are provided by the relevant third-party provider(s).
  2. We may, in the future, offer tools and apps. Their own third party providers may, without reference to us, upgrade or release new tools and apps offered to you. You acknowledge and agree that these Terms apply to those future tools, apps and associated services insofar as they affect our rights and liabilities to you.

Third Party Links

  1. You acknowledge that in using our website:
    1. Certain content, products and services available via our website may include materials from third-parties; and
    2. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
  2. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  3. You further agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
  4. You must, therefore review carefully, for yourself, the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  • LIABILITY ISSUES
  1. You acknowledge and agree that we limit out liability, arising from:
    1. your use of our website and its online purchasing service and any products procured using the service; and
    2. any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, and
  • any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service
  1. Specifically, you agree that in no case will Cook Islands Pacific Pearl Merchants Ltd or Bergman Gallery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
  2. This limitation of liability includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise
  3. Because Cook Islands law does not allow for recovery of consequential or indirect loss, nor for punitive awards, you acknowledge and agree:
    1. contracts and all dealings between us and you are to be treated as occurring in the Cook Islands; and
    2. we do not submit to the jurisdiction of any courts other than those of the Cook Islands;
  • in any jurisdiction allowing for such recovery or awards, our liability, if any, will be limited to the maximum extent permitted by the law there said to apply;
  1. such an award is unenforceable in the Cook Islands as a matter of Cook Islands law.
  1. You agree to indemnify us from third party claims
  2. Specifically, you agree to indemnify, defend and hold harmless Cook Islands Pacific Pearl Merchants Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of:
    1. Your use of this website;
    2. Your purchase or use of any product from our online store:
  • Any breach of these Terms or the documents they incorporate by reference:
  1. Your violation of any law or the rights of a third-party.
  • MISCELLANEOUS

Errors and Omissions

  1. This clause applies if there is information on our website or in our other dealings with you that contains typographical errors, inaccuracies or omissions of any sort including, but not limited to, 1 or more of the following:
    1. product descriptions;
    2. pricing;
  • promotions;
  1. offers;
  2. product shipping charges;
  3. transit times and availability.
  1. Specifically, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. You acknowledge and agree that:
    1. we are not responsible if information made available on this site is not accurate, complete or current;
    2. the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information;
  • any reliance on the material on this site is at your own risk
  1. this site may contain certain historical information which is,necessarily, is not current and is provided for your reference only.
  2. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

No harmful use

  1. In addition to other prohibitions in these Terms, you promise that you will not use this website or its content for any 1 or more of the following:
    1. for any unlawful purpose;
    2. to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  1. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  2. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  3. to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  1. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  2. for any obscene or immoral purpose; or
  3. to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
  • to transmit any worms or viruses or any code of a destructive nature;
  • to hack or reverse engineer the website or any part of it in any way.

Severability

  1. This clause applies if any provision of these Terms is determined to be unlawful, void or unenforceable. Specifically:
    1. That provision must be treated by the parties as being enforceable to the fullest extent permitted by applicable law; and
    2. the unenforceable portion must be deemed severed from these Terms;
  • That determination and severance must be treated as not affecting the validity and enforceability of the remaining provisions of these Terms.

Termination

  1. You may terminate arrangements between you and us at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
  2. We may terminate arrangements between you and us at any time without notice if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms; we may deny you access to our services and/or the website.
  3. These Terms are effective and survive any termination of arrangements between you and us.
  4. If and when we, or you, terminate arrangements between us, the obligations and liabilities of the parties incurred prior to that termination survive the termination of this agreement for all purposes. This means (and you agree) you will remain liable for all amounts due up to and including the date of termination;

No waiver

  1. If we fail to exercise or enforce any right or provision of these Terms, that does not constitute a waiver of that right or provision.

Entire Agreement

These Terms and any policies or operating rules posted by us on this website or in respect to the service constitute the entire agreement and understanding between you and us. They govern your use of the service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).

Governing Law

These Terms of Service and any separate agreements under which we provide you with either goods or services will be governed by and construed in accordance with the laws of the Cook Islands and in using this website you and us agree to submit to the (non-exclusive) jurisdiction of the courts of the Cook Islands as the appropriate and convenient forum for determining any claim against us.