Terms of service
GENERAL TERMS AND CONDITIONS
Note:
The following General Terms and Conditions (‘GTC’) also contain the legally required information on your rights under the provisions on distance contracts and electronic commerce.
§1 Scope of application
These GTC in the version valid at the time of conclusion of the contract apply to all contracts with customers (‘Customers’) concluded via the online shop on the website www.burgundschild.com (‘Website’).
§2 Contractual partner
The purchase contract is concluded with Kay Knipschild e.K.
§3 Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Goods can be selected by the customer via the user interface using the ‘Add to shopping basket’ button. By clicking on the ‘Buy’ order button, you submit a legally binding offer to purchase the goods contained in the shopping basket.
The order will be confirmed immediately after the order has been sent. The confirmation of receipt merely documents that we have received the order and does not constitute acceptance of the purchase offer. The contract is only concluded when a dispatch confirmation is sent by e-mail or when the goods are delivered within five days.
§4 Right of cancellation
Information on the right of cancellation
As a consumer, you have the right to cancel the contract in accordance with the statutory provisions. A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. The following cancellation policy informs you about the details of the right of cancellation.
CANCELLATION POLICY / RIGHT OF CANCELLATION
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must contact us:
Burg & Schild - Kay Knipschild e.K.
Rosa-Luxemburg-Str. 3
10178 Berlin
Telephone number: +49-30-39878884
E-mail: onlineshop@burgundschild.com
VAT ID No.: DE28 65 78 094
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF CANCELLATION
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract:
Burg & Schild
Rosa-Luxemburg-Str. 3
10178 Berlin
or to hand it over. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
END OF THE CANCELLATION POLICY
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
To Knipschild e.K., Almstadtstr. 35, 10119 Berlin, E-Mail: onlineshop@burgundschild.com
I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
§5 Delivery conditions, shipping costs, availability of goods
Shipping & Delivery Conditions
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Shipping Area
We ship within Germany, to EU member states, as well as to selected international destinations. -
Shipping Methods & Costs
a) Germany
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DHL Standard Parcel: €4.90 per order – free of charge from €100.00
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DHL Express: €9.99 per order – free of charge from €1,000.00
b) European Union (except Iceland, Switzerland & Norway)
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DHL Express Economy Select: €14.99 – free of charge from €250.00
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DHL Express: €29.95 – free of charge from €1,000.00
c) Iceland, Switzerland & Norway
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DHL Express Economy Select: €19.99 – free of charge from €350.00
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DHL Express: €29.99 – free of charge from €1,000.00
d) International (outside the EU, Iceland, Switzerland & Norway)
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DHL Express: €29.99 – free of charge from €1,000.00
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Delivery Times
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Germany: Standard 2–4 business days, Express 1–2 business days (after receipt of payment).
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EU (except IS/CH/NO): Economy Select 3–7 business days, Express 2–5 business days.
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Iceland, Switzerland, Norway: Economy Select 3–7 business days, Express 2–5 business days.
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International (outside EU, IS, CH, NO): Express 3–7 business days.
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Note: All delivery times are non-binding. Delays caused by the carrier or external circumstances (e.g. customs clearance) are beyond our control.
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Additional Information
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Deliveries are made to valid shipping addresses only. No deliveries on Sundays or public holidays.
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Should an item be unavailable or delivery delayed, we will inform you immediately by e-mail.
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Duties & Taxes: For deliveries outside the EU, additional customs duties, taxes, or fees may apply. These are levied by the respective authorities and must be borne by the customer.
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If ordered goods are not available, we will inform you immediately. If delivery difficulties arise after conclusion of the contract, despite the conclusion of a covering transaction, for which we are not responsible, we reserve the right to withdraw from the contract. You will be informed of this immediately and we may suggest the delivery of a comparable product. If no comparable product is available or if you do not wish a comparable product to be delivered, we will immediately reimburse the services you have already provided.
§6 Returns free of charge
Provided that the goods are complete and in unused and undamaged condition, including labels, you can return all items purchased from Burg & Schild free of charge within 14 days of receipt without giving any reason. To do so, simply contact Burg & Schild customer service at [onlineshop@burgundschild.com]. This offer is only valid within Germany. For returns from other countries, the costs for the return shipment must be borne by you.
§7. payment
All payments and refunds are made exclusively in Euros (€).
If customers from outside the Eurozone pay in other currencies,
the respective bank or payment service provider will carry out the conversion.
Exchange rate fluctuations or additional fees may occur, over which we have no control.
The amount stated in Euros is always decisive.
Any differences between the amount originally paid in the customer’s local currency
and the refunded amount in Euros shall be borne by the customer.
The following payment methods are available in our shop:
a) Shop Pay
Shop Pay is an accelerated checkout that allows you to save your email address, credit card details, shipping and billing information. This can save you time when completing the checkout process, especially if you've already signed up for Shop Pay in a Shopify shop. If you only provide a phone number in the contact field, you will not receive the ‘Save for later’ prompt to save your information. Your shipping and billing information is stored securely on Shopify's PCI-compliant servers and is only shared with our shop after the order is placed.
b) Shopify Payments
The payment processor is Stripe Payments Europe, Ltd, a company founded in Ireland, which as a technical service provider can offer the services on behalf of one or more financial institutions in Germany. The processing and settlement of transactions is carried out by the payment processor and a financial service provider in accordance with a separate Stripe Connected account agreement, which also includes the payment terms and conditions applicable in Germany and the applicable terms and conditions for financial services. After placing the order, you enter your credit card details. After legitimisation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. The following payment methods are processed via Shopify Payments:
SOFORT bank transfer
Apple and Google Pay
Shop Pay
Credit cards such as VISA, MasterCard or American Express
iDEAL
Maestro
c) EPS bank transfer
EPS is only available for customers in Austria if they pay in euros. If you select EPS at checkout, you will be redirected to the EPS website to check the list of participating banks. You select your bank and enter your banking login details. You must authenticate the payment via your bank before the payment order is executed.
d) Bancontact
Bancontact is only available for customers in Belgium if they pay in euros. You can use the Bancontact app to pay for purchases directly via your bank account. However, as your account will be debited immediately, you will not be able to cancel the payment.
e) PayPal & PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards.
f) Klarna invoice
With this payment method, you always receive the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here: [Klarna AGB]
§8 Retention of title
The goods purchased by you remain our property until full payment has been made.
§9. transport damage
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance company.
§10 Warranty; Guarantees
(1) Burg & Schild shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years for new goods and begins with the delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. For all defects of the purchased item occurring during the warranty period, the statutory claims for subsequent performance, for rectification of defects/replacement and - if the statutory requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for damages instead of fulfilment and compensation for your futile expenses, shall apply at your discretion.
(2) Because our products are not mass-produced items, slight deviations from the illustrations and specifications in our online shop may occur. If delivered items have obvious material or manufacturing defects, including transport damage, please complain about such defects immediately to us or to the employee of the delivery company delivering the items. However, failure to make this complaint has no consequences for your legal claims as a consumer. If you are a merchant within the meaning of the German Commercial Code, you must notify us of any defects immediately, but at the latest within one week of receipt of the goods. Defects that cannot be discovered within this period, even after careful inspection, must be reported in writing immediately after discovery.
(3) An additional guarantee only exists for goods delivered by Burg & Schild if this was expressly stated in the order confirmation for the respective article.
§11 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Burg & Schild, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, Burg & Schild shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of the above paragraphs (1) and (2) shall also apply in favour of the legal representatives and vicarious agents of Burg & Schild if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§12 Storage of the contract text
We do not save the text of the contract. You can save it by printing out the offer using the print function of your browser. You must arrange for the contract text to be saved in a reproducible form yourself.
§13 Applicable law, place of jurisdiction, severability clause
(1) The law of the Federal Republic of Germany shall apply to contracts between Burg & Schild and you to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected. Insofar as both contracting parties are registered traders, the local court of Berlin-Mitte shall be the place of jurisdiction.
(2) Should individual provisions of these GTC be or become invalid, or should loopholes be found in the GTC, this shall not affect the validity of the remaining provisions. In place of the invalid provision or to fill any gaps, a valid and appropriate provision shall be deemed to have been agreed which, as far as legally possible, comes closest to the economic purpose of the invalid or incomplete provision.