GTC

General Terms and Conditions and Customer Information

I. General terms and conditions

 § 1 Fundamental provisions 

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (BURG F.W.Lüling KG) via the www.burg.shop website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.  

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity. 

§ 2 Formation of the contract 

(1) The subject of the contract is the sale of goods . 

(2) Already by placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description. 

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, immediate bank transfer) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. 

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the internet browser) or cancelling the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded. 

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer). 

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. 

§ 3 Customised goods 

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats, if any, must be observed. 

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context. 

(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors. 

§ 4 Special agreements on offered payment methods 

(1) SEPA Direct Debit (Basic and/or Business Direct Debit)
When paying by SEPA core direct debit or by SEPA company direct debit, you authorise us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit shall be collected within 14 days after conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a return debit note due to your fault, you must bear the bank charge incurred. 

§ 5 Right of retention, reservation of ownership 

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship. 

(2) The goods remain our property until the purchase price has been paid in full. 

(3) If you are an entrepreneur, the following applies in addition: 

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted. 

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount which accrue to you from the resale, we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. 

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us. 

§ 6 Warranty 

(1) The statutory rights of liability for defects shall apply. 

(2) Insofar as you are informed of this by us prior to submission of the contractual declaration and this has been expressly and separately agreed, claims for defects are excluded in the case of used goods if the defect only becomes apparent after the expiry of one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the goods, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the goods. The above restriction shall not apply: 

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods. 

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims. 

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties. 

(5) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: 

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. 

b) In the event of defects, we shall provide warranty at our discretion by rectification of the defect or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises in particular from the nature of the goods or the defect or the other circumstances. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply: 

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects. 

§ 7 Choice of law, place of performance, place of jurisdiction 

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle). 

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this. 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. 

II. Customer information 

1. Identity of the seller 

BURG F.W.Lüling KG 
Volmarsteiner Str. 52
58089 Hagen
Germany
Phone: +49 02335 6308-450
E-Mail: webshop@burg.de

Alternative Dispute Resolution

We are willing to participate in dispute resolution proceedings before consumer arbitration boards 

2. Information on the conclusion of the contract 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.). 

3. Contract language, contract text storage 

3.1. Contract language is German. 

3.2. We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 

3.3. In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically. 

4. Essential characteristics of the goods or services 

The essential characteristics of the goods and/or services can be found in the respective offer. 

5. Prices and payment modalities

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 

5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised. 

5.3. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union. 

5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 

5.5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

6. Terms of delivery 

6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer. 

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipment shall be at your risk. 

7. Statutory liability for defects 

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 

These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service. 

last update: 01.01.2022