General Terms and Conditions and Customer Information
for Online Shop orders

Stand: 11-2022

List of Contents

  1. Scope of Application 
  2. Con­clu­si­on of Contract 
  3. Right of Revocation 
  4. Pri­ces and Con­di­ti­ons of Payment 
  5. Deli­very and Ship­ping Conditions 
  6. Reten­ti­on of Title 
  7. War­ran­ty for Defects (Gua­ran­tee)
  8. Lia­bi­li­ty
  9. Redemp­ti­on of Cam­paign Vouchers 
  10. Redemp­ti­on of Gift Vouchers 
  11. Appli­ca­ble Law 
  12. Court of Jurisdiction 
  13. Alter­na­ti­ve Dis­pu­te Resolution 

1) Scope of Application

1.1 The­se Gene­ral Terms and Con­di­ti­ons (her­ein­af­ter ‘Terms and Con­di­ti­ons’) of Bur­da World­wi­de Tech­no­lo­gies GmbH (her­ein­af­ter ‘Ven­dor’), app­ly in terms of all con­tracts for the deli­very of goods, that are con­cluded bet­ween a Pri­va­te Indi­vi­du­al or a Busi­ness Per­son (her­ein­af­ter ‘Cus­to­mer’) and the Ven­dor, for goods offe­red in the Vendor’s online shop. Any and all of the Customer’s own terms and con­di­ti­ons are her­eby inap­pli­ca­ble unless other­wi­se agreed.

1.2 Regar­ding con­tracts for the deli­very of gift vou­ch­ers, the­se Terms and Con­di­ti­ons app­ly, inso­far as not­hing else is express­ly agreed upon.

1.3 Pur­su­ant to the­se Terms and Con­di­ti­ons, the Pri­va­te Indi­vi­du­al, is any natu­ral per­son who con­cludes a legal tran­sac­tion for a pur­po­se that can­not be ascri­bed to his/her main com­mer­cial or free­lan­ce occu­pa­ti­on. The Busi­ness Per­son, pur­su­ant to the­se Terms and Con­di­ti­ons, is any natu­ral per­son or legal enti­ty, or any part­ner­ship with legal respon­si­bi­li­ty, who con­cludes any legal tran­sac­tion within the scope of his/her main com­mer­cial or free­lan­ce occupation.

2) Conclusion of Contract

2.1 The pro­duct descrip­ti­ons, which are available in the Vendor’s online shop, do not repre­sent any bin­ding offer on the part of the Ven­dor. Rather, they ser­ve as a bin­ding offer by the Customer.

2.2 The Cus­to­mer can sub­mit an offer via the inte­gra­ted online order form in the Vendor’s online shop. In order to do so, after pla­cing the sel­ec­ted goods in the vir­tu­al shop­ping bas­ket and com­ple­ting the elec­tro­nic order pro­cess, the Cus­to­mer makes a con­trac­tual­ly bin­ding offer for the goods in the shop­ping bas­ket, by cli­cking the ‘Place Bin­ding Order’ button.

2.3 The Ven­dor can accept the Customer’s offer within five days,

  • by pro­vi­ding the Cus­to­mer with an order con­fir­ma­ti­on in wri­ting or in text form (fax or email), wher­eby the receipt of the goods by the Cus­to­mer is decisive,
  • or by deli­ve­ring the orde­red goods to the Cus­to­mer, wher­eby the receipt of the goods by the Cus­to­mer is decisive,
  • or by reques­t­ing pay­ment from the Cus­to­mer upon receipt of the order.

In the case of more than one of the afo­re­men­tio­ned alter­na­ti­ves being available simul­ta­neous­ly, the con­tract comes into being as soon as one of the afo­re­men­tio­ned alter­na­ti­ves occurs. The dead­line for the accep­tance of the offer beg­ins on the day after the offer has been sub­mit­ted by the Cus­to­mer and ends at the con­clu­si­on of the fifth day after sub­mis­si­on of the offer. Should the Ven­dor not accept the Customer’s offer befo­re the afo­re­men­tio­ned dead­line, the offer shall be regard­ed as having been rejec­ted, with the result that the Cus­to­mer is no lon­ger bound by his/her decla­ra­ti­on of intent.

2.4 Once an offer has been sub­mit­ted via the Vendor’s online order form, the Ven­dor saves the con­tract text and sends it to the Cus­to­mer in text form (e.g. email, fax or let­ter), along with the appli­ca­ble Terms and Con­di­ti­ons, when ship­ping the order to the cus­to­mer. In addi­ti­on, the con­tract text is also archi­ved on the Vendor’s web­site, enab­ling the Cus­to­mer to access the infor­ma­ti­on, free of char­ge, by log­ging into his/her pass­word-pro­tec­ted Cus­to­mer Account, pro­vi­ded that the Cus­to­mer set up a Cus­to­mer Account for him/herself befo­re sub­mit­ting his/her order to the Vendor’s online shop.

2.5 Befo­re the pla­ce­ment of a bin­ding order via the Vendor’s online order form, the Cus­to­mer has the oppor­tu­ni­ty to check for any incor­rect ent­ries by careful­ly rea­ding through the infor­ma­ti­on pro­vi­ded on the screen. The browser’s zoom func­tion is a useful tech­ni­cal tool for bet­ter iden­ti­fi­ca­ti­on of incor­rect­ly ente­red data becau­se it enables you to enlar­ge the view on the screen. The Cus­to­mer is able to cor­rect his/her ent­ries via the key­board and the mou­se at any time, until such time as he/she clicks the ‘Place Bin­ding Order’ button.

2.6 For the Con­clu­si­on of the Con­tract, only the Ger­man lan­guage can be used.

2.7 The order pro­cess and estab­lish­ment of cont­act usual­ly take place via email and an auto­ma­ted orde­ring pro­cess. The Cus­to­mer must ensu­re that the email address given during the orde­ring pro­cess is cor­rect so that the orders sent to this address by the Ven­dor can be recei­ved. In the case of spam fil­ters, the Cus­to­mer must also ensu­re that all of the emails sent to him/her by the Ven­dor, or any third par­ties ins­truc­ted to do so, can be delivered.

3) Right of Revocation

3.1 The Pri­va­te Per­son has a basic Right of Revocation.

3.2 Fur­ther infor­ma­ti­on on the Right of Revo­ca­ti­on is available in the fol­lo­wing Vendor’s infor­ma­ti­on regar­ding Right of Revocation

4) Prices and Conditions of Payment

4.1 Inso­far as it is not other­wi­se sta­ted in the Vendor’s pro­duct descrip­ti­on, all of the pri­ces given are total pri­ces and include sta­tu­to­ry Value Added Tax (VAT). Whe­re appli­ca­ble, addi­tio­nal deli­very and ship­ping cos­ts are given sepa­ra­te­ly in the respec­ti­ve pro­duct descriptions.

4.2 In the case of deli­veries to count­ries out­side of the Euro­pean Uni­on, addi­tio­nal cos­ts could app­ly in cer­tain cases. Such cos­ts are not the respon­si­bi­li­ty of the Ven­dor, and they shall be cover­ed by the Cus­to­mer. For exam­p­le, the­se could include the cos­ts of money trans­fers via cre­dit insti­tu­tes (e.g. trans­fer fees, cur­ren­cy exch­an­ge fees) or import cos­ts, such as taxes (e.g. cus­toms duties). Such cos­ts could also occur, with regard to the trans­fer of money, when the goods are deli­ver­ed to a coun­try within the Euro­pean Uni­on if the Cus­to­mer makes the pay­ment from a coun­try out­side of the Euro­pean Union.

4.3 The pay­ment opti­ons are pro­vi­ded to the Cus­to­mer in the Vendor’s online shop.

4.4 In the case of pay­ment via one of the pay­ment opti­ons offe­red by Pay­Pal, the pay­ment is pro­ces­sed via the pay­ment ser­vice pro­vi­der, Pay­Pal (Euro­pe) S.à r.l. et Cie, S.C.A., 22-24 Bou­le­vard Roy­al, L-2449 Luxem­bourg (her­ein­af­ter: ‘Pay­Pal’), accor­ding to PayPal’s terms of use, which can be view­ed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Alter­na­tively, if the Cus­to­mer does not have a Pay­Pal account, accor­ding to the con­di­ti­ons for pay­ment wit­hout a Pay­Pal account, which can be view­ed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and Shipping Conditions

5.1 The goods shall be deli­ver­ed to the deli­very address given by the Cus­to­mer, inso­far as not­hing else has been agreed upon. Drop ship­ping: We char­ge an addi­tio­nal ser­vice fee of 10.00 euros + VAT for all deli­veries that devia­te from the deli­very address stored in the sys­tem for all orders out­side of our online shop! Third-par­ty orders via our online shop are not char­ged extra.

5.2 Goods that are deli­ver­ed by a for­war­ding agent are deli­ver­ed “free curb”, i.e. to the public curb nea­rest the deli­very address, unless other­wi­se sta­ted in the ship­ping infor­ma­ti­on in the seller’s online shop and unless other­wi­se agreed.

5.3  The cus­to­mer bears any cos­ts for ship­ping if the trans­port com­pa­ny returns the ship­ped goods to the sel­ler after deli­very to the cus­to­mer was unsuc­cessful. It does not app­ly to cases whe­re the cus­to­mer is not respon­si­ble for the cir­cum­s­tances that made deli­very impos­si­ble, or if he was tem­po­r­a­ri­ly pre­ven­ted from accep­ting the offe­red ser­vices unless the sel­ler announ­ced this in an appro­pria­te time­frame before­hand. It does also not app­ly to the initi­al ship­ping cos­ts if the cus­to­mer avai­led of his right of revo­ca­ti­on. The fol­lo­wing rules app­ly to the return cos­ts, as per can­cel­la­ti­on ins­truc­tion by the sel­ler, if the cus­to­mer suc­cessful­ly avai­led of his right of revocation.

5.4 If the Cus­to­mer is ope­ra­ting as a Busi­ness Per­son, the dan­ger of acci­den­tal loss or dete­rio­ra­ti­on of the goods sold is trans­fer­red to the Cus­to­mer as soon as the Ven­dor hands the goods over to the deli­very ser­vice, the ship­ping com­pa­ny, or the per­son or insti­tu­ti­on respon­si­ble for the deli­very of the goods. If the Cus­to­mer is ope­ra­ting as a Pri­va­te Indi­vi­du­al, the dan­ger of acci­den­tal loss or dete­rio­ra­ti­on of the goods sold is trans­fer­red once they are han­ded over to the Cus­to­mer or ano­ther aut­ho­ri­sed per­son. Diver­gent to this, the dan­ger of acci­den­tal loss or dete­rio­ra­ti­on of the goods sold is also trans­fer­red to the Cus­to­mer, in the case of Pri­va­te Indi­vi­du­als, as soon as the Ven­dor has han­ded the goods over to the ship­ping or trans­port com­pa­ny, or the per­son or insti­tu­ti­on respon­si­ble for the deli­very of the goods, if the Cus­to­mer has com­mis­sio­ned the ship­ping or trans­port com­pa­ny or ano­ther enti­ty with the deli­very of the goods and the Ven­dor has not infor­med the Cus­to­mer accor­din­gly in advance.

5.5 The Ven­dor reser­ves the right to with­draw from the con­tract in the case of incor­rect or impro­per deli­very. This only appli­es in cases whe­re the fail­ure to deli­ver is not the fault of the Ven­dor, and he/she has made the requi­red effort to con­clude a spe­ci­fic cove­ring agree­ment with the sup­pli­er. The Ven­dor shall make every reasonable effort in order to sup­p­ly the goods. In the case of orders that are par­ti­al­ly or enti­re­ly unavailable, the Cus­to­mer shall be infor­med imme­dia­te­ly and reim­bur­se­ment shall fol­low wit­hout delay.

5.6 In the case of orders that are coll­ec­ted by the Cus­to­mer, the Ven­dor shall inform the Cus­to­mer via email that the orde­red goods are rea­dy for coll­ec­tion. After receipt of this email, the Cus­to­mer can make arran­ge­ments with the Ven­dor regar­ding the coll­ec­tion of the goods from the Vendor’s pre­mi­ses. In this case, the­re are no deli­very charges.

5.7 Plea­se note that due to the cur­rent extre­me­ly ten­se situa­ti­on on the pro­cu­re­ment mar­ket, deli­very dates are not bin­ding. Com­pli­ance is only pos­si­ble sub­ject to time­ly deli­very to Bur­da World­wi­de Tech­no­lo­gies GmbH by our own suppliers.
Post­po­ne­ment of deli­very deadlines
If we are unable to meet bin­ding deli­very dead­lines for reasons for which we are not respon­si­ble (non-avai­la­bi­li­ty of the ser­vice), we shall inform the buy­er of this and at the same time inform him of the expec­ted new deli­very dead­line. If the ser­vice is also not available within the new deli­very peri­od, we shall be entit­led to with­draw from the con­tract in who­le or in part; we shall imme­dia­te­ly refund any con­side­ra­ti­on alre­a­dy paid by the buyer.

A case of non-avai­la­bi­li­ty of the per­for­mance and in this sen­se shall be dee­med to be in par­ti­cu­lar the incorrect/timely self-deli­very (inclu­ding the deli­very of short quan­ti­ties) by our (upstream) sup­pli­er if we have con­cluded a con­gru­ent cove­ring tran­sac­tion with our (upstream) sup­pli­er, neither we nor our (upstream) sup­pli­er are at fault or we are not obli­ged to pro­cu­re in the indi­vi­du­al case.

6) Retention of Title

6.1 The Ven­dor remains the rightful owner of all goods that are deli­ver­ed to the Pri­va­te Indi­vi­du­al until such time as they are paid in full.

6.2 The Ven­dor remains the rightful owner of all goods that are deli­ver­ed to the Busi­ness Per­son until such time as all out­stan­ding balan­ces on any open accounts that he/she has have been settled.

6.3 If the Cus­to­mer is ope­ra­ting as a Busi­ness Per­son, he/she is aut­ho­ri­sed to pro­cess or resell the reser­ved goods in the cour­se of his/her nor­mal busi­ness. The Cus­to­mer shall pay the Ven­dor any resul­ting claims against third par­ties in advan­ce and at the amount of the respec­ti­ve invoice value (inclu­ding VAT). This trans­fer appli­es regard­less of whe­ther the reser­ved goods are resold after fur­ther pro­ces­sing or wit­hout fur­ther pro­ces­sing. The Cus­to­mer remains respon­si­ble for the pay­ment, even after the trans­fer has taken place. The Vendor’s right to coll­ect the out­stan­ding balan­ce of pay­ment remains unaf­fec­ted. Howe­ver, the Ven­dor will not coll­ect the accounts receiva­ble as long as the Cus­to­mer hono­urs his/her pay­ments to the Ven­dor and does not default on pay­ments, and as long as no appli­ca­ti­on has been filed for the initia­ti­on of insol­ven­cy proceedings.

7) Warranty for Defects (Guarantee)

If the goods recei­ved have any defects, the sta­tu­to­ry war­ran­ty regu­la­ti­ons app­ly. The fol­lo­wing excep­ti­ons apply:

7.1   If the cus­to­mer acts as a company,

  • the Ven­dor has the opti­on of choo­sing the mode of rectification;
  • for new goods, the sta­tu­te of limi­ta­ti­ons for defects is one year from the date of trans­fer of the goods;
  • in the case of used goods, the rights and claims with regard to defects are gene­ral­ly excluded;
  • the sta­tu­te of limi­ta­ti­ons does not start afresh when a second con­sign­ment of the goods is deli­ver­ed due to war­ran­ty issues.

7.2   If the cus­to­mer act as a con­su­mer, the sta­tu­te of limi­ta­ti­ons for claims of defects for used goods is one year from the date of deli­very of the goods to the Cus­to­mer, sub­ject to the limi­ta­ti­ons of the fol­lo­wing clause.

7.3 The afo­re­men­tio­ned regu­la­ted limi­ta­ti­ons of lia­bi­li­ty and recour­se do not apply

  • for dama­ges and com­pen­sa­ti­on claims by the cus­to­mers, as well as
  • cases whe­re the sel­ler has omit­ted defects frau­du­lent­ly or with mali­cious intent.
  • for dama­ges and com­pen­sa­ti­on claims by the cus­to­mers, as well as
  • cases whe­re the sel­ler has omit­ted defects frau­du­lent­ly or with mali­cious intent.

7.4 Over and abo­ve this, for Busi­ness Per­sons, the appli­ca­ble sta­tu­te of limi­ta­ti­ons for recour­se accor­ding to § 478 of the Trade Regis­ter remain unaffected.

7.5 If the Cus­to­mer is ope­ra­ting as a mer­chant accor­ding to § 1 of the Trade Regis­ter, the obli­ga­ti­on of inspec­tion, exami­na­ti­on and noti­fi­ca­ti­on appli­es to him/her accor­ding to § 377 of the Trade Regis­ter. If the Cus­to­mer negle­cts his/her obli­ga­ti­on to report as requi­red, the goods are dee­med approved.

7.6 If the Cus­to­mer is ope­ra­ting as the Pri­va­te Indi­vi­du­al, he/she is reques­ted to cla­im any goods that have obvious­ly been dama­ged during trans­port from the deli­very ser­vice and to inform the Ven­dor about the inci­dent imme­dia­te­ly. Should the Cus­to­mer fail to do so, this shall have no effect on his/her legal or con­trac­tu­al claims in terms of defects.

8) Liability

The Ven­dor is lia­ble to the Cus­to­mer for all con­trac­tu­al, qua­si-con­trac­tu­al and legal claims (inclu­ding cri­mi­nal claims) for dama­ge and reim­bur­se­ment of expen­ses as follows:

8.1 The Ven­dor has unli­mi­t­ed legal liability:

  • in the case of inten­ti­on or gross negligence,
  • in the case of inten­tio­nal or negli­gent dama­ge to life, body and health,
  • due to any pro­mi­se of gua­ran­tee, inso­far as not­hing to the con­tra­ry has been agreed upon,
  • due to com­pul­so­ry lia­bi­li­ty, for exam­p­le, accor­ding to the pro­duct lia­bi­li­ty act.

8.2 Should the Ven­dor negli­gent­ly breach an important obli­ga­ti­on, the lia­bi­li­ty shall be rest­ric­ted to the fore­seeable, qua­si-con­trac­tu­al dama­ge incur­red, inso­far as unli­mi­t­ed lia­bi­li­ty appli­es accor­ding to the afo­re­men­tio­ned clau­se. Fun­da­men­tal con­trac­tu­al obli­ga­ti­ons are tho­se obli­ga­ti­ons that the con­tract impo­ses upon the Ven­dor, the con­tent of which ensu­res attain­ment of the pur­po­se of the con­tract and enables the pro­per imple­men­ta­ti­on the­reof, and the Cus­to­mer should expect them to be fulfilled.

8.3 Any other lia­bi­li­ty is precluded.

8.4 The afo­re­men­tio­ned lia­bi­li­ty also appli­es with regard to the lia­bi­li­ty of the Ven­dor for his/her agents and legal representatives.

9) Redemption of Campaign Vouchers

9.1 Vou­ch­ers with a spe­ci­fic dura­ti­on of vali­di­ty, that are issued by the Ven­dor, free of char­ge, for spe­ci­fic pro­mo­ti­ons, and which are not available to the Cus­to­mer for purcha­se (her­ein­af­ter ‘cam­paign vou­ch­ers’), can only be rede­e­med in the Vendor’s online shop, and only during the spe­ci­fied period.

9.2 Indi­vi­du­al pro­ducts may be excluded from the vou­ch­er cam­paign, inso­far as this is sta­ted accor­din­gly on the voucher.

9.3 Cam­paign vou­ch­ers can only be rede­e­med befo­re the end of the orde­ring pro­cess. It is not pos­si­ble to rede­em a vou­ch­er afterwards.

9.4 More than one cam­paign vou­ch­er can be rede­e­med for one order.

9.5 The value of the goods must be at least equi­va­lent to the value of the cam­paign vou­ch­er. Any resi­du­al value will not be paid out by the Vendor.

9.6 If the value of the cam­paign vou­ch­er is insuf­fi­ci­ent to cover the cos­ts of the order, the dif­fe­rence can be paid via any other pay­ment method offe­red by the Vendor.

9.7 The value of a cam­paign vou­ch­er will not be paid out in cash and it is not eli­gi­ble for interest.

9.8 The value of a cam­paign vou­ch­er shall not be reim­bur­sed, should the Cus­to­mer return goods accor­ding to his/her legal Right of Revo­ca­ti­on, if the goods were enti­re­ly or par­ti­al­ly paid with a cam­paign voucher.

9.9 Cam­paign vou­ch­ers are only valid for use by the per­son to whom they are made out. Trans­fer of cam­paign vou­ch­ers to third par­ties is not per­mit­ted. The Ven­dor is aut­ho­ri­sed, but not obli­ged, to check the eli­gi­bi­li­ty of the respec­ti­ve hol­ders of cam­paign vouchers.

10) Redemption of Gift Vouchers

10.1 Vou­ch­ers that are purcha­sed via the Vendor’s online shop (her­ein­af­ter ‘Gift Vou­ch­ers’), can only be rede­e­med in that Vendor’s online shop, inso­far as the con­di­ti­ons of the vou­ch­er do not sta­te otherwise.

10.2 Gift vou­ch­ers and a resi­du­al balan­ce on a Gift Vou­ch­er must be rede­e­med by the end of the third year after purcha­se of the vou­ch­er. Any resi­du­al balan­ce will be cre­di­ted to the Cus­to­mer on the date of expiry.

10.3 Gift vou­ch­ers can only be rede­e­med befo­re the end of the orde­ring pro­cess. It is not pos­si­ble to rede­em a vou­ch­er afterwards.

10.4 More than one Gift Vou­ch­er can be rede­e­med for one order.

10.5 Gift vou­ch­ers can only be used for the purcha­se of goods, and not for purcha­sing addi­tio­nal Gift Vouchers.

10.6 If the value of the Gift Vou­ch­er is insuf­fi­ci­ent to cover the cos­ts of the order, the dif­fe­rence can be paid via any other pay­ment method offe­red by the Vendor.

10.7 The value of a Gift Vou­ch­er shall not be paid out in cash and it is not eli­gi­ble for interest.

10.8 Gift vou­ch­ers are only valid for use by the per­son to whom they are made out. Trans­fer of Gift Vou­ch­ers to third par­ties is not per­mit­ted. The Ven­dor is aut­ho­ri­sed, but not obli­ged, to check the eli­gi­bi­li­ty of the respec­ti­ve vou­ch­er holders.

11) Applicable Law

For all legal agree­ments bet­ween the par­ties, the laws of the Fede­ral Repu­blic of Ger­ma­ny app­ly, exclu­ding the laws gover­ning the inter­na­tio­nal purcha­se of mova­ble goods. In the case of Pri­va­te Indi­vi­du­als, this gover­ning law only appli­es inso­far as the pro­tec­tion affor­ded by com­pul­so­ry regu­la­ti­ons under the law of the sta­te in which the Pri­va­te Indi­vi­du­al has his/her habi­tu­al residence/place not been withdrawn.

12) Court of Jurisdiction

If the Cus­to­mer is ope­ra­ting as a mer­chant, a legal enti­ty under public law or a spe­cial fund under public law, within the sove­reign ter­ri­to­ry of the Fede­ral Repu­blic of Ger­ma­ny, the only court of juris­dic­tion for all dis­pu­tes ari­sing out of this con­tract is the court of juris­dic­tion of the Vendor’s head­quar­ters. If the Customer’s domic­i­le or head­quar­ters are situa­ted out­side of the sove­reign ter­ri­to­ry of the Fede­ral Repu­blic of Ger­ma­ny, the only court of juris­dic­tion for all dis­pu­tes ari­sing out of this con­tract is the court of juris­dic­tion of the Vendor’s head­quar­ters, if the con­tract or any requi­re­ments of the con­tract can be assi­gned to the trade or pro­fes­si­on of the Cus­to­mer. Howe­ver, in all of the afo­re­men­tio­ned cases, the Ven­dor is aut­ho­ri­sed to take up cont­act with the Customer’s court of jurisdiction.

13) Alternative Dispute Resolution

13.1 The EU Com­mis­si­on offers an Inter­net plat­form for online dis­pu­te reso­lu­ti­on, via the fol­lo­wing link: http://ec.europa.eu/consumers/odr

This plat­form ser­ves as a cont­act point for the out-of-court sett­le­ment of dis­pu­tes resul­ting from online purcha­se or ser­vice agree­ments, into which the con­su­mer has entered.

13.2 The Ven­dor is neither pre­pared nor obli­ged to par­ti­ci­pa­te in any form of con­su­mer dis­pu­te resolution.