General Terms and Conditions for Customers - Burgschneider GmbH

All contractual relationships between Burgschneider GmbH and the customer shall be governed exclusively by these General Terms and Conditions (GTC). Any terms and conditions that conflict with or deviate from these GTC are expressly rejected. These shall not become part of the contract unless Burgschneider GmbH has expressly agreed to their validity in writing.

These GTC shall apply exclusively to the relationship with end customers. Separate general terms and conditions apply to business relationships with commercial customers.

 

1) Offer and product description

The essential characteristics of the goods offered by us and the period of validity of limited offers are determined by the individual and detailed product descriptions on our website and in our shop. The language available online for the conclusion of the contract is German and English.

The products are items that you may use not only decoratively but also practically, e.g. at LARP events. However, this is action equipment that is only based on actual historical weapons and equipment and whose durability and wear as a sporting article cannot correspond to that of the original and depends largely on the use and care by you.

Special and custom-made products, i.e. products that are manufactured exclusively at the customer's request specifically for you, are not subject to the right of cancellation. Returns are generally excluded, but Burgschneider GmbH reserves the right to make goodwill arrangements in this respect.

The products are sold exclusively for private use. Imitation, processing and duplication - in particular for commercial and industrial use - require the prior consent of Burgschneider Gmb

 

2) Online registration and ordering

Once you have found the product you want, you can add it to your shopping basket without obligation, view it at any time without obligation, change it, remove products again or cancel the order process.

If you want to buy the products in the shopping basket, enter your preferred shipping and payment method and click the 'Checkout' button. Please enter the data that Burgschneider GmbH requires to process your order.

By clicking the "Continue" button you will be taken to the dispatch and payment method page. Please check that all details are correct. By clicking the "Continue" button you will be taken to the "Summary" page. You can only continue with the order if you agree to the terms and conditions and the privacy policy (tick the box).

By clicking on the "Order with obligation to pay" button on the summary page, you complete the order process and thereby submit a binding contractual offer for the goods specified in the order. Up to this step, you can cancel the order process at any time by closing the browser window or correcting input errors.

 

3) Conclusion of contract

After we have received your order, you will receive an email confirming receipt of the order and containing all the details of the order (automatic order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that your order has been received by Burgschneider GmbH.

A purchase contract is only concluded when Burgschneider GmbH declares its acceptance to you. This is done by sending a separate email (e.g. with payment details), sending the ordered goods to you or a dispatch confirmation by email. No purchase contract is concluded for products from one and the same order that are not also listed in the purchase or dispatch confirmation. In the event of a verbal order, Burgschneider GmbH may request a written copy of the contract and confirmation of the agreed conditions.

The text of the contract is stored by Burgschneider GmbH, but is not freely accessible to you at any time. You have the option of printing out the text of the contract using the print function of your browser. You can also save the text of the contract by saving it on your computer via the website. In addition, you will receive the essential details of the order from us in a separate email or an invoice with the delivery, which contains all the essential details of the order.

 

4) Prices, costs and payment

The purchase prices stated are final prices and are quoted in euros. They include the applicable VAT and other price components. Additional delivery and shipping costs are stated separately. The prices at the time of ordering apply.

Payment for the goods shall be made in advance, either via Paypal or bank transfer to Burgschneider GmbH. Delivery will be initiated after receipt of payment. Burgschneider GmbH reserves the right not to offer you certain payment methods in individual cases. The invoice amount is to be paid in one sum. If the invoice amount has not been received by Burgschneider GmbH within the period specified in the email with the payment details in the case of advance payment, we shall be entitled to withdraw from the contract or, if you are in default of payment, to charge interest on arrears. You shall be in default at the latest if you fail to make payment within 30 days of the due date and receipt of an invoice or equivalent payment schedule. Any further claims for damages remain unaffected.

 

5) Delivery, shipping

Delivery will be made to the delivery address specified by you. Higher costs are incurred for deliveries abroad. You are responsible for any customs duties and taxes.

On our website you will find an overview of the costs incurred for the various shipping methods offered. The shipping costs of Burgschneider GmbH are also listed in the order. If necessary, you can choose between several shipping options.

This does not apply if the delivery takes place outside of Germany or if special shipping costs are expressly indicated in the item description.

If shipping costs are incurred, these include the cost of shipping and the cost of the packaging material.

Europe-wide and international deliveries are made via DHL and UPS. If an order incurs special shipping costs, the customer will be informed of these increased costs; this applies in particular in the event that the customer has special shipping requests.

Binding delivery times must be expressly agreed. Delivery is subject to payment. Dispatch shall be at our risk in accordance with the statutory provisions for the purchase of consumer goods. Burgschneider GmbH is authorised to make partial deliveries for divisible orders.

 

6) Retention of title, right of retention, offsetting

Burgschneider GmbH retains ownership of the goods until full payment has been received. You shall only be entitled to offset if your counterclaims have been legally established by a court or are undisputed or have been recognised by Burgschneider GmbH. You may only exercise a right of retention if the claims result from the same contractual relationship.

 

7) Warranty

IIn the event of a defect, you initially have the statutory rights to subsequent fulfilment (rectification of defects or subsequent delivery) at your discretion. If the legal requirements are met, you also have the right to reduce the purchase price or to withdraw from the contract. In addition, if the legal requirements are met, you are entitled to compensation for damages or reimbursement of wasted expenditure. Subsequent fulfilment can be refused if it is only possible with disproportionately high costs.

The warranty period shall commence upon receipt of the goods by the customer and shall be two years for new goods. For used goods, the warranty period is reduced to 1 year.

Damage caused by improper or non-contractual measures by you during installation, operation, use and storage shall not constitute a defect. Improper use is determined in particular according to the information about the product provided by Burgschneider GmbH in product descriptions, care instructions and other instructions for use to the customer. The same applies to wear and tear caused by the use of the product. Normal wear and tear does not constitute a defect.

Irregularities in colour and structure are based on the naturalness of the leather and are a typical quality feature that only underlines the authenticity of the leather and does not constitute a defect.

Due to different screen settings and exposures, slight colour deviations of the originals and the presentation of the images on the website may occur.

Irrespective of the above provisions on the shortening of the warranty period for used goods, the limitation period for claims for damages in the event of injury to life, limb or health based on an intentional or negligent breach of duty on our part or on an intentional or negligent breach of duty on the part of our legal representative or vicarious agent shall remain unaffected. Furthermore, irrespective of the above provisions on the shortening of the warranty period for used goods, the limitation period for claims for damages for other damages based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty on the part of our legal representative or vicarious agent shall remain unaffected. § 8 shall apply in this respect.

 

8) Liability

Burgschneider GmbH haftet nur für Schäden, die auf vorsätzlichen oder grob fahrlässigen Pflichtverletzungen beruhen. Die vorstehende Haftungsbeschränkung gilt auch für Pflichtverletzungen der gesetzlichen Vertreter oder Erfüllungsgehilfen der Burgschneider GmbH. Die Haftung bei Schäden nach dem Produkthaftungsgesetz sowie bei Schäden wegen der Verletzung des Lebens, des Körpers, der Gesundheit oder wesentlicher Vertragspflichten (Kardinalpflichten) bleibt von diesem Haftungsausschluss unberührt. Kardinalpflichten sind solche Verpflichtungen, deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung der Vertragspartner regelmäßig vertraut und vertrauen darf.

Burgschneider GmbH shall only be liable for damages resulting from wilful or grossly negligent breaches of duty. The above limitation of liability shall also apply to breaches of duty by the legal representatives or vicarious agents of Burgschneider GmbH. Liability for damages under the Product Liability Act and for damages due to injury to life, limb, health or essential contractual obligations (cardinal obligations) shall remain unaffected by this exclusion of liability. Cardinal obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

Burgschneider GmbH draws your attention in particular to the fact that the products are goods that may only be used for sporting purposes. However, even dummies can cause damage to others if used improperly. You are responsible for ensuring that no third parties are harmed by your use of the products, e.g. through actions that are not merely feigned and are purely sporting. Burgschneider GmbH is not liable for such damage to third parties..

 

9) Data privacy

The personal data required for business transactions are collected and stored by Burgschneider GmbH to the extent and for as long as necessary and are used and utilised exclusively within the scope of order processing. All personal data will of course be treated confidentially. Data will only be passed on to third parties to the extent necessary for processing the order, payment and delivery (e.g. to Paypal or the transport company). Once the contract has been fully processed, the data will be blocked for further use. After expiry of the tax and commercial law regulations, this data will be deleted unless you have expressly consented to its further use. According to the Federal Data Protection Act, you have the right to free information about your stored personal data and, if necessary, the right to correct, block or delete this data. You can also contact Burgschneider GmbH in this respect via support@burgschneider.com. Further information can be found in our privacy policy.

 

10) Final provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of fulfilment is, as far as legally permissible, also the headquarters of Burgschneider GmbH. Should individual provisions of the contract or these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract and the General Terms and Conditions.

Status: 23/03/2016