General Terms and Conditions and Customer Information
for distance selling
List of Contents
- Scope of Application
- Conclusion of Contract
- Right of Revocation
- Prices and Conditions of Payment
- Delivery and Shipping Conditions
- Retention of Title
- Warranty for Defects (Guarantee)
- Applicable Law
- Court of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Burda Worldwide Technologies GmbH (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller using means of distance communication (e.g. telephone , fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j para. 5 sentence 1 BGB. Any and all of the Customer’s own terms and conditions are hereby inapplicable unless otherwise agreed.
1.2 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.
1.3 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 customer can send a non-binding request to submit an offer to the seller by e-mail, fax, telephone, post or via the online contact form provided on the seller’s website. At the customer’s request, the seller sends the customer a binding offer in text form (e.g. by e-mail, fax or letter) to sell the goods previously selected by the customer from the seller’s range of goods.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller by e-mail or by post or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer does not count for the calculation of the deadline is included. The date of receipt of payment by the seller is decisive for acceptance by payment. If the last day of the period for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer’s registered office, the next working day shall take the place of such a day. If the customer does not accept the seller’s offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again.
3) Right of Revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
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 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the seller’s offer.
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 option(s) will be communicated to the customer in the seller’s offer.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced.
4.7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his offer. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.8 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his offer. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.9 If you select the payment method direct debit (direct debit), the invoice amount is due immediately upon conclusion of the contract.
If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for advance information has expired. Advance information (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
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!
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
5.3 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.
5.4 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.
5.5 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.
5.6 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)
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 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.
7.3 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 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 f 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.
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 of the Vendor 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) Applicable Law, Contract Language
9.1 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.
9.2 The contract language is German.
10) 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.
11) Alternative Streitbeilegung
11.1 The EU Commission offers an Internet platform for online dispute resolution, via the following link: https://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.
11.2 The Vendor is neither prepared nor obliged to participate in any form of consumer dispute resolution.