General Terms & Conditions
1. Area of applicability
These General Terms and Conditions (GTCs) are applicable for every order placed with burner.de irrespective of whether the order has been placed via the website, telephone, fax, letter or e-mail. With each contract the customer accepts the GTCs active at the point in time of the conclusion of the contract. The following GTCs apply to all contracts, thus contravening all other regulations or GTCs the customer might have. These GTCs are printed in burner.de catalogues and can be accessed online under the link GTCs. In addition, these GTCs are sent to every customer along with the order confirmation sent by burner.de (see the Conclusion of a contract).
2. Conclusion of a contract
Offers from burner.de and other information media are non-binding. By placing an order using the shopping cart, the party to the contract makes a binding declaration that they wish to acquire the goods ordered. The sales contract comes into existence when burner.de sends an order confirmation to the customer via email. The contract is concluded, when burner.de formally delivers an order confirmation.
All prices are specified in Euro and are inclusive of the statutory sales tax (VAT). Shipping costs are listed in the shipping cost table. The minumum order value is EUR 20,00 excluding shipping costs. Drawings, diagrams and other product descriptions - in particular in the catalogue - are non-binding and do not constitute a warranted property in terms of the German Civil Code. The prices quoted in our catalogues, advertisements and flyers are only valid until the publication of the next catalogue, advertisement or flyer. If you order from our website, the prices shown there on the order date are applicable.
Unless otherwise agreed upon the order will be shipped to the address given by you. If the goods are in stock, the shipping time takes usually 1-3 working days within Germany. The shipping costs within Germany are EUR 4,00 depending on the method of payment added costs can arise. Up from EUR 75,00 we are delivering free of charge within Germany. Additional customs duties and charges are applicable for deliveries in non-EU countries (see table).
5. Revocation instruction
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Tel: 0049621 1234700
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically
fill in and submit the model withdrawal form or any other unequivocal statement on our website burner.de.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable
medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise
of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you,
including the costs of delivery (with the exception of the supplementary costs resulting from your choice
of a type of delivery other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 days from the day on which we are informed
about your decision to withdraw from this contract. We will carry out such reimbursement using the same means
of payment as you used for the initial transaction, unless you have expressly agreed otherwise;
in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied
evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from
the day on which you communicate your withdrawal from this contract to us (firstname.lastname@example.org or
IN.COM GmbH, Jan Zimmermann, Industriestrasse 17, 68519 Viernheim Germany).
The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value
of the goods resulting from the handling other than what is necessary to establish the nature, characteristics
and functioning of the goods.
End of withdrawal
The online revocation form you can find here:
CEO: Hamid Latif
6. Agreement for the coverage of the costs
Agreement for the coverage of the costs in the case of a withdrawal. In case of an effective revocation, the contractor has to bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price of the returned goods does not exceed an amount of EUR 40.00 (EUR 33.61 net) or if the contractor has not yet the time of cancellation provided the consideration or a contractually agreed partial payment at a higher price of the goods. Otherwise the return is free for the contractor.
7. Payment conditions
burner.de accepts payments per bank transfer, PayPal, Sofortüberweisung, credit card (Visa and Master Card), cash on delivery (only available for Germany) and purchase on account (online only).
In cooperation with Klarna we are offering purchase on account. By applying Klarna you won't need any account details and you will only pay after receiving the goods.
Take note that the delivery and invoice address has to be identical when using Klarna.
Klarna Purchase on Account
If purchasing on account you need to pay within 14days after receiving the ordered goods.
Detailed information about Klarnas general terms and conditions you will find here: https://online.klarna.com/
Data protection at Klarna: (http://klarna.com/pdf/Datenschutz_DE.pdf)
Visit also: www.klarna.de
Klarna AB, Firmen - und Körperschaftsnummer: 556737-0431
8. Reservation of proprietary rights
Until the entire payment is made, products remain the property of IN.COM GmbH.
The statutory warranty period is two years and begins when the goods are handed over. During that time we will remedy all defects subject to the statutory warranty at no cost to you. Please report such defects immediately to the delivery personnel or to IN.COM GmbH. Obvious defects must be reported within 14 days from receipt of the goods. Initially, you may only claim rectification. If this fails, you may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits.
10. Limitation of liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law IN.COM GmbH and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect IN.COM's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law (§ 284 BGB).
11. Applicable Law
For all disputes arising from this contract, the law of the Federal Republic of Germany shall exclusively apply excluding the UN Convention on the International Sales of Goods.
This translation is just of indicative character. The contractual language remains German.