1.1 - For any business relationship between Burton Sportartikel GmbH and the customer starting from 25.06.2014 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
1.2 - The customer recognizes the exclusive validity of Burton Sportartikel GmbH’s General Terms and Conditions for the entire business relationship. Burton Sportartikel GmbH will not recognize any different conditions of the customer unless the management of Burton Sportartikel GmbH has expressly agreed in writing to their validity. If the customer enters into a business relationship with Burton Sportartikel GmbH by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Burton Sportartikel GmbH.
2. CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
2.1 - The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the checkout button you are making a binding order for the goods contained in the shopping basket. An email confirming and contaning the receipt of the order will occur immediately after the order has been placed. This e-mail represents the acceptance of the contract.
2.2 - Depending on the site you are on (EUR, GBP, CHF or SEK) you have the possibility of making the purchase contract in German, English, French, Italian or Spanish. The ordering and transaction language may also be German, English, French, Italian or Spanish. We will store the text of the contract and will send you the order details by e-mail or mail. You may consult previous orders in your customer account, provided that you have registered with us.
2.3 - If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately by email or phone call and offered a full refund for missing items.
2.4 - Burton Sportartikel GmbH reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
2.5 - All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.
2.6 - Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’
You have the right to cancel this contract within twenty-one (21) days without stating any reasons. The cancellation period is twenty-one (21) days starting from the day on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods or in the case of partial deliveries the final item.
This cancellation right must be exercised by informing us at the contact details below by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract.
To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Burton Sportartikel GmbH
Telephone: +43 512 230 5566
Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods or until you have provided proof (tracking number / proof of postage) that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you unformed us of the cancellation of this contract, to:
EU & UK Customers use address below
Loxxess - ECOM Returns
Steinauer Weg 7
And for Swiss customers
Burton Service Center
c/o Fine Service Product GmbH
7310 Bad Ragaz
The deadline is met if you dispatch the goods before the expiry of the period of twenty-one (21) days.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
The right of cancellation does not apply in the case of delivery of goods made to the customer’s specification or clearly for personal needs or in the case of delivery of audio or video recordings or software, in as far as the data media have been unsealed by the customer. The right of cancellation also does not apply to deliveries of newspapers, periodicals and magazines unless the consumer has made the contractual declaration by telephone.
Cost coverage agreement
Items that can be sent by parcel are to be sent back at our risk. You bear the direct costs of the return of goods. For customers in Germany and Austria return is free if the value of the order in question exceeds 40 Euros.
3.1 - Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
3.2 - Delivery is assigned to different delivery couriers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page ‘Shipping & Delivery’
3.3 - If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
3.4 - The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.
3.5 - Delivery and service delays due to acts of God are not the responsibility of Burton Sportartikel GmbH. Such events give Burton Sportartikel GmbH the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Burton Sportartikel GmbH or distributors of Burton Sportartikel GmbH.
3.6 - In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
4. PAYMENT AND LATE PAYMENTS
4.1 - All product prices at Burton Sportartikel GmbH are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Any customs duties occurring through delivery to Switzerland are borne by Burton Sportartikel GmbH.
4.2 - The retail price is payable upon placement of an order.
4.3 - The customer can pay the purchase price by credit/debit card, Pay Pal and Pay Pal express – and depending on the country various other forms of payment that are presented at checkout – examples include ‘Sofort’ ‘EPS’'iDeal'. In the case of payment by Pay Pal Express, Burton Sportartikel GmbH will store the e-mail address and delivery address supplied to Pay Pal in order to process the order.
4.4 - Should the customer delay in paying, Burton Sportartikel GmbH has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Austrian National Bank. If Burton Sportartikel GmbH incurs a higher rate of interest for delay, Burton Sportartikel GmbH has the right to pass this on.
5. INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
5.1 - A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Burton Sportartikel GmbH. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
6. PROPRIETARY RIGHTS
6.1 - All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Burton Sportartikel GmbH.
7. GUARANTEE & WARRANTY
7.1 - The guarantee period is based on the legal regulations and specific product range – For example Snowboards with the channel feature a three (3) year warranty.
7.2 - The guarantee is not valid against normal wear and tear caused by use of a product.
7.3 - Should a defect in a purchased item be the responsibility of Burton Sportartikel GmbH, then Burton Sportartikel GmbH is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Burton Sportartikel GmbH is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Burton Sportartikel GmbH or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
7.4 - If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Burton Sportartikel GmbH will bill the customer for any expenses incurred.
EU & UK Customers use address below
Loxxess - ECOM Returns
Steinauer Weg 7
And for Swiss customers
Burton Service Center
c/o Fine Service Product GmbH
7310 Bad Ragaz
7.5 - Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
8.1 - Claims by the customer other than the guarantee claims laid down in Section 7, especially damages claims, are excluded, in as far as this is legally permissible. Thus Burton Sportartikel GmbH accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Burton Sportartikel GmbH is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
8.2 - The liability limitation defined in Section 8.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
8.3 - Burton Sportartikel GmbH accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
9. LINKS AND REFERENCES
9.1 - The links to outside pages made by Burton Sportartikel GmbH are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Burton Sportartikel GmbH does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
10. INFORMATION OBLIGATIONS
10.1 - On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Burton Sportartikel GmbH of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Burton Sportartikel GmbH may withdraw from the contract, in as far as such a contract has been made.
11. APPLICABLE LAW AND JURISDICTION
11.1 - Austrian law applies.
11.2 - In all legal matters Austrian law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between Burton Sportartikel GmbH and the customer applies, in as far as this is legally permissible.
11.3 - For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable.
11.4 - If the customer is not subject to general legal jurisdiction in Austria, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Innsbruck will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.
11.5 - If the customer has his place of residence or is normally present or is employed in Austria, then for an action against him/her in accordance with Sections 88, 89, 93 Sect. 2 and 104 Para. 1 amended, any question relating to the competence of a particular court can only be determined by place of residence, normal place of presence or employment location. This is not the case with pre-existing disputes. For any legal disputes arising from the contract, the mandatory computer protection law provisions at the consumer’s place of residence are also applicable to the contractual relationship.
11.6 - Burton Sportartikel GmbH recognizes the Internet Ombudsman as an extrajudicial arbitration agency: Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Wien, Austria www.ombudsman.at
12. DATA PROTECTION
12.1 - All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection policies.
13. SEVERABILITY CLAUSE
13.1 - Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
14. THE DIGITAL MILENIUM COPYRIGHT ACT 1998
14.1 - The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website;
(d) The name, address, telephone number and email address (if available) of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to email@example.com or FAX: (802) 651-0397. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Burton or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Burton and protected by U.S. and international copyright laws. All software used on this site is the property of Burton or its software suppliers and protected by United States and international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Burton. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Burton and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing Burton's name or trademarks without the express written consent of Burton.
BURTON, BURTON SNOWBOARDS, ANALOG, ANON, R.E.D., GRAVIS and other marks indicated on our site are registered trademarks of The Burton Corporation in the United States and other countries. AUDEX is a trademark of The Burton Corporation. Burton graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Burton Corporation. Burton's trademarks and trade dress may not be used in connection with any product or service that is not Burton's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Burton. All other trademarks not owned by Burton that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burton.
You agree to indemnify, defend, and hold harmless Burton, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from violation of these Terms & Conditions.
THIRD PARTY LINKS
Burton may link to third-party sites. Burton has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Burton attempts to be as accurate as possible. However, Burton does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Burton itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BURTON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BURTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BURTON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BURTON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURTON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE/COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, orfor any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Latest update: 20.10.2014