Terms and Conditions for customers – Burgschneider GmbH
For all contractual relationships between Burgschneider GmbH and the customer this terms and conditions shall apply only. Conflicting terms or terms diverging from these terms and conditions is hereby objected to and will not be a contractual part if not otherwise agreed to by Burgschneider GmbH in written form.
These terms and conditions are ruling the relation to end customers. For commercial customers special terms and conditions for merchants apply.
1) Offer and product descriptions
The relevant characteristics of our offered goods and the validity period of limited offers are defined by the particular and detailed product descriptions within our online shop and shop range. Contractual languages are German or English.
The offered goods are products which you might not buy for decorative purpose only but to use them, e.g. at LARP events. These are action equipment which imitates actual historic weapons and clothes. Their durability,l wear and tear cannot compete with the originals and depends mainly on your certain use and care.
Special and customized products which are solely produced upon your wish cannot be returned under the right of withdrawal. A return of such products is excluded but Burgschneider GmbH is entitled to decide otherwise in particular cases of goodwill.
All products are sold for private use only. Imitation, derivative work and copy needs a prior written permission by Burgschneider GmbH – especially for commercial and business use.
2) Registration and ordering online
You can put your favoured products into the shopping cart, access it without obligation to buy, change your choice and delete products or stop the ordering process at any time.
If you like to buy the products you put into the shopping cart please choose your preferred delivery and payment method and click on “Chekout”. On the following site please enter your personal related data which we need to fulfil the order.
By clicking on „Order with obligation to pay“ on the “Summary” your order is completed and a binding contractual offer about the chosen products. Until this step you can correct wrong details or stop the ordering process at any time by closing your browser window.
3) Close of contract
After receiving your order you will get a confirmation of the receipt by email which includes all details of your order (automatic receipt confirmation). This confirmation is not the contractual acceptance of your offer and shall only inform you that we received your order.
The contract is closed if we declare our acceptance to you. This can be done by sending such acceptance email to you (e.g. with payment details), by delivering the ordered goods to you or sending you a shipping confirmation. The contract does not includes any products in your offer which are not named in the aforesaid confirmations. In case of verbally ordering Burgschneider GmbH can request a written settlement of the contract and conformation of the verbally agreed conditions.
The contract text will be stored by Burgschneider GmbH but is not accessible to you. You can use the print function in your browser to get a document with all details or you can save the contract by saving the website on your computer. In addition you get from us all contractual details by email or with delivery.
4) Prices, costs and payment
The shown prices are end prices in Euro. They contain the VAT and all other price details. Additional delivery and shipping costs are shown separately. The prices shown at time of order are valid.
Th payment can be done by payment in advance over Paypal or bank transfer to Burgschneider GmbH. After receiving the payment the delivery will be executed. Burgschneider GmbH is entitled to decide which payment method you can choose from. The invoiced amount has to be paid at once. If the payment is not done and received within the period given to you in the email with payment details Burgschneider GmbH is entitled to resign from the contract or in case of your payment default to claim for default interests. You are getting in default at the latest if you do not pay within 30 days after receiving our invoice or similar payment request. Additional damage claims are untouched.
5) Delivery and shipping
The order is sent to the delivery address you given to us in your order. In case of shipping to foreign countries additional higher costs appear. You have to bear possible tolls and taxes.
You find an overview about the costs for the different shipping methods on our website. The shipping costs of Burgschneider GmbH are listed in the order. Eventually you can choose between different shipping options.
The aforesaid does not apply in case of shipping outside of Germany or special shipping costs are mentioned in the particular product offer.
If shipping costs are listed they include all costs for the delivery.
Pan-Europe and international deliveries are carried out by DHL and GLS. We inform the customer about special delivery costs, especially if the customer demands special ways of the delivery.
Delivery dates are only binding if this is explicit agreed upon. Delivery is subject to payment. The delivery is on our risk according to the statutory provisions of customer good purchase. Burgschneider GmbH is entitled to part the order in several deliveries if the ordered goods are separable.
6) Retention of title, right of retention, offset
Burgschneider GmbH retains title to the goods delivered until all claims deriving from the business relationship are met. Your right to offset is only given if your counter claims has been legally proved or are uncontested or has been acknowledged by Burgschneider GmbH. Your right of retention is only given if the counter claims referring to the same contract relation.
In case of a defect you can choose between repair and replacement (supplementary performance). If the legal requirements are fulfilled you have additional rights of reducing the price or resign from the contract and claim for damages or reimburse futile expenses. The supplementary performance can be rejected if it is related to disproportional expenses.
The warranty period starts with receiving the good and lasts 2 years in case of new goods and 1 year in case of used goods.
A defect can not be claimed if it is related to misuse and non-contractual use, handling or storage by you. The misuse is defined by the product description of Burgschneider GmbH in the offer, maintenance instructions and other guidelines about how to use the product given to the customer. The same occurs in case of wear which appears by use of the product according to the guidelines. Usual wear is not a defect.
Irregularities in colour and structure depends on the naturalness of the leather and are a typical quality feature which proves its authenticity and is no defect.
Slight changes in colour between the offer image and the delivered good can depend on different screen adjustments and illumination.
Independent to the aforesaid limitations of warranty the liability periods to claim for damages of life, body and health or damages due to wilful and gross negligence by us or our representatives and vicarious agents shall remain unaffected. Clause 8 applies as well.
Burgschneider GmbH is only liable for damages due to wilful or gross negligence. The limitation of liability includes representatives and vicarious agents of Burgschneider GmbH. The liability for damages under the Product Liability Law, of body, health or fundamental contractual obligations (cardinal duties) is not covered by this limitation clause. Cardinal duties are such duties which fulfilment is a necessary condition for proper performance of the Contract and on whose fulfilment the Customer, therefore, may routinely rely.
Burgschneider GmbH informs you hereby explicitly that the products are goods which are allowed for sportive activities only. Even mock-ups can damage others by wrongful use. You are responsible that your use of the product does not harm others, e.g. by not only fainted and not only sportive action. Burgschneider GmbH is not liable for such damages of thirds.
9) Data protection
10) Closing provisions
All terms and business relations between DTTAH and the contracting party are governed by the law of Germany. UN purchasing law (CISG) is excluded. If ít is legally applicable, the place of exclusive venue is the commercial residence of Burgschneider GmbH. If a provision of the contract or these conditions is or becomes invalid, then this shall not affect the validity of all remaining provision.