General Terms and Conditions and Customer Information
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)
- Redemption of Campaign Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Court of Jurisdiction
- 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. Furthermore, the Customer can submit his/her offer to the Vendor by telephone, fax, email or regular post, or via the online contact form.
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 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.
4.5 When selecting the payment option ‘SOFORT bank transfer’, the payment is processed via the payment service provider, SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter: ‘SOFORT’). In order to be able to pay the account via instant bank transfer, the Customer must have an online bank account, with a PIN/TAN function, that is set up for instant bank transfers. He/she must be able to identify him/herself accordingly before proceeding with the payment, and he/she has to confirm the instruction to SOFORT to carry out the transaction. The payment transaction is then immediately carried out by SOFORT, and the payment is deducted from the Customer’s bank account. For further information regarding the ‘SOFORT Bank Transfer’ option, please visit the following website: https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
When selecting Klarna’s option to purchase on account or pay in instalments, the payment is processed by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter ‘Klarna’). You will find more information on Klarna account or instalment purchases and Klarna’s Terms and Conditions in the Vendor’s payment information, which can be viewed at: https://shop.burdawtg.com/de-de/service/payment.
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.
5.2 In the case of goods that are delivered by a shipping agency, the delivery is done according to the ‘free to kerbside’ principle – that is, to the kerbside closest to the delivery address, insofar as the delivery information on the Vendor’s online shop does not state otherwise and to the extend as nothing else has been agreed upon.
5.3 The Customer shall carry the costs of the unsuccessful shipping attempt, should the transport company return the goods to the Vendor, because delivery to the Customer was not possible. This does not apply if the Customer has effectively exercised his/her Right of Revocation, as long as he/she is not responsible for the circumstances leading to the unsuccessful attempt to deliver the goods or if he/she is temporarily unable to receive the goods or the service offered, unless the Vendor has given appropriate prior notice of the delivery.
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.
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 an 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 For Business Persons,
insignificant defects do not represent a defect claim;
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 For the Private Individual, 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
to goods that have not been used according to their usual purpose, in a building or construction, thereby causing their damage;
to damage arising from injuries to life, body or health, that result from an intentional or negligent breach of obligation by the Vendor or an intentional or negligent breach of obligation by a legal representative or agent of the Vendor;
to any other damage resulting from intentional or grossly negligent breach of duty by the Vendor or from intentional or grossly negligent breach of duty by a legal representative or agent of the user; and
in the case of fraudulent concealment of defects or damage by the Vendor.
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.
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.