General Terms and Conditions and Customer Information
for distance selling

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. Appli­ca­ble Law
  10. Court of Jurisdiction
  11. 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.

4.5 If you sel­ect the pay­ment method “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, sub­ject to the Pay­Pal Terms of Use, which can be view­ed at https://www.paypal.com/de/webapps/mpp/ua/useragree­ment-full.

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.

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 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.