Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of BURA Sales UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer, within the meaning of these GTC, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller but serve as an invitation for the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to conclude a contract for the goods in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer by email, via the online contact form, or by telephone.

2.3 The seller can accept the customer's offer within five days:

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the order has been placed.

If multiple of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting the offer begins the day after the customer's submission of the offer and ends with the expiration of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects a payment method offered by PayPal during the online ordering process, the seller already declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 If the "Amazon Payments" payment method is selected, the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer after the submission of their order in text form (e.g., email, fax, or letter). Any further accessibility of the contract text by the seller is not provided. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer via their password-protected user account, providing the appropriate login details.

2.7 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 For the conclusion of the contract, various languages are available. The specific language selection is indicated in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they have provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties authorized by the seller to process orders can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices, which include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and must be borne by the customer. These include, for example, fees for transferring money through credit institutions (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment options will be communicated to the customer in the seller's online store.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the payment service provider "PayPal," payment processing is carried out via PayPal, which may use the services of third-party payment service providers. If the seller offers payment methods via PayPal where the seller makes an advance payment to the customer (e.g., purchase on account or installment payment), the seller assigns its payment claim to PayPal or the third-party payment service provider specified to the customer by PayPal. Before accepting the seller's declaration of assignment, PayPal or the third-party payment service provider carries out a credit check using the transmitted customer data. If the credit check result is negative, the seller reserves the right to refuse the customer the selected payment method. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or intervals. In this case, the customer can only pay to PayPal or the third-party payment service provider with debt-discharging effect. However, the seller remains responsible for general customer inquiries, such as regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations, and returns or credits, even in the case of the assignment of the claim.

5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery is made to the delivery address specified by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs for sending the goods if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal, the provisions set out in the seller's cancellation policy apply regarding the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller hands over the item to the freight forwarder, carrier, or person or institution designated to execute the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer only upon delivery of the goods to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss or accidental deterioration of the sold goods also passes to the customer, even in the case of consumers, as soon as the seller hands over the item to the freight forwarder, carrier, or person or institution designated to execute the shipment, if the customer has commissioned the freight forwarder, carrier, or person or institution to execute the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in cases where the non-delivery is not the fault of the seller, and the seller has entered into a concrete covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and any payments made will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the seller makes advance payments, the seller retains ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects apply. For contracts concerning the delivery of goods:

7.1 If the customer acts as an entrepreneur:

• The seller has the right to choose the type of supplementary performance;
• The limitation period for defects in new goods is one year from delivery of the goods;
• Rights and claims for defects in used goods are excluded;
• The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations and shortened periods do not apply:

• To claims for damages and reimbursement of expenses by the customer;
• If the seller has fraudulently concealed the defect;
• For goods that have been used in accordance with their usual purpose in a building and have caused its defectiveness;
• For any obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and notify defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to report obvious transport damages to the deliverer and inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual defect claims.

8) Liability
The seller is liable to the customer for any contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The seller is fully liable for any legal reason:

• In cases of intent or gross negligence;
• In cases of intentional or negligent injury to life, body, or health;
• On the basis of a guarantee promise, unless otherwise regulated in this regard;
• On the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, the liability is limited to foreseeable damages typical of the contract, unless the liability is unlimited under the above provisions. Essential contractual obligations are those obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible, and on whose compliance the customer regularly relies.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply to the seller's legal representatives and agents.

9) Applicable Law
All legal relations between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is also entitled to bring an action at the customer's place of business.

11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.