General Terms & Conditions for the Burlington Online Shop of FALKE KGaA

Introductory remark

The General Terms & Conditions set forth below govern your registration and orders placed in the online shop at www.burlington.de.

1. Scope of application

1.1 These General Terms & Conditions ("GT&C") govern the business relationship between us, FALKE KGaA, Oststrasse 5, 57392 Schmallenberg, Germany ("FALKE"), and you as a customer when you use the Burlington Online Shop.

1.2 The GT&C as amended at the time of order placement shall exclusively govern the business relationship between you and FALKE. Any terms and conditions that conflict with or deviate from the provisions outlined below shall not apply unless we expressly agree to their applicability in writing.

1.3 We sell our products exclusively to consumers, small businesses, associations and foundations, and only in household-typical quantities. You are a consumer as long as the purpose for ordered products and services is not predominantly associated with your commercial or self-employed activity. Your business counts as a small business if by virtue of its nature or size it does not require being organised according to principles of business administration (§ 1 para. 2 of the German Commercial Code (Handelsgesetzbuch)).

1.4 Contracts are concluded in English language.

1.5 We do not offer products for purchase by minors. If you are under 18 years of age, you may only utilise the shop with the permission of your parent or guardian.

2. Registration, customer account

2.1 You can register as a customer in the Burlington Online Shop and create a customer account. To do so, you must enter certain personal data. We retain this data to facilitate your future shopping experiences in the Burlington Online Shop, as your saved data is already on file the next time you wish to make a purchase. You also have to choose a password, which ensures that only you have access to your customer account. To complete the process of registering to open a customer account, at the end of the registration process click on the "my account" button. You use your access data to sign in to the Burlington Online Shop. A customer may only have one customer account open at a given time. We reserve the right to delete an account if the customer already has one. You can change your entered data or delete your customer account at any time. We have no obligation to accept a registration or an order placed by a registered customer. Furthermore, we have no obligation to continue operating the shop. Placed orders which have been confirmed will still be fulfilled.

2.2 You can also purchase merchandise via the Burlington Online Shop without a customer account. To purchase merchandise without a customer account, you must provide us with information including your name, postal address and delivery address, telephone number and e-mail address to enable us to process and fulfil the purchase contract.

2.3 You are responsible for providing complete and true information when entering your personal data (either when creating or changing a customer account or when entering your data for order contract processing and fulfilment). You are obliged to keep your personal access data confidential and inaccessible to unauthorised third parties.

3. Contract conclusion

3.1 You can select merchandise from the Burlington Online Shop product range and place it in a virtual shopping cart using the "buy me" button. The Burlington Online Shop is an online ordering catalogue of a non-binding nature, thus the displaying of merchandise there does not constitute a contractually binding offer.

3.2 By clicking on the "place order" button, you place a binding order for the merchandise in the shopping cart, which constitutes your offer to us. By clicking on that button, you accept these GT&C, which thereby apply as part of your order.

3.3 We will immediately provide you with e-mail confirmation of receipt of your order. This confirmation does not constitute binding acceptance of an order unless acceptance is declared therein as well as confirmation of receipt. A contract only goes into effect if we accept your order per a separate e-mail notification (delivery confirmation) or accept by virtue of delivering the ordered merchandise.

4. Delivery only within the EU and Switzerland; delivery and passing of risk

4.1 The following delivery restriction applies: We only deliver to customers who specify a delivery address in the European Union or Switzerland.

4.2 IWe will notify you promptly in the event the item you ordered is temporarily unavailable. You have the right to withdraw from the contract in case of a delivery delay of more than two weeks in duration. We are likewise entitled to withdraw from the contract under those circumstances. Payments made will be promptly refunded in such case.

4.3 We will notify you without delay in the event we are unable to meet a binding delivery deadline for reasons beyond our control (non-deliverability), stating the expected date of delivery. If the merchandise is not deliverable within the extended delivery period, we are entitled to withdraw from the contract, wholly or in part. Any payments you have already made will be promptly refunded. Merchandise shall in particular be deemed non-deliverable in case of delivery delays on the part of our suppliers, if we have made a congruent cover transaction, if neither we nor our supplier are at fault and/or if we have no procurement obligation in a given case. Our statutory rights of withdrawal and termination and statutory laws governing the handling of contracts without fulfilment obligation (such as if fulfilment or subsequent fulfilment is impossible or unreasonable) shall remain unaffected.

4.4 Risk of accidental loss or deterioration of the merchandise shall pass to you as customer no later than the point of handover.

5. Retention of title

5.1 Delivered merchandise remains our property (retained-title goods) until payment in full of the corresponding invoice amount. You as customer are obliged to treat retained-title goods with care for as long as we retain title.

5.2 In the event of any encumbrance of retained-title goods or any other such assertion of rights by third parties, you are required to advise those parties of our title and notify us immediately in writing to enable us to enforce our property rights. You are liable if the third party is unable to reimburse us for court costs and other legal expenses accruing in connection therewith..

6. Prices, shipping costs, payment, credit checks

6.1 All prices stated in the Burlington Online Shop include VAT at the applicable rate. The prices stated at the time of order placement shall apply.

6.2 Accruing shipping costs are displayed to you in connection with the presentation of our products and during the ordering process. Shipping costs may vary depending on your selected delivery address.

6.3 Various payment options are available depending on the invoicing address you specify (credit card, instant transfer, cash on delivery, etc.). The payment options available for you to choose from are displayed during the ordering process. You can change the saved payment method associated with your customer account at any time as long as that payment method is offered for your specified invoicing address.

6.4 Except as otherwise agreed, the purchase price for merchandise is due for payment immediately upon conclusion of a purchase contract. If utilising the 'cash on delivery' payment option, payment is due within 14 days of receipt of the invoice.

6.5 Please note that you will receive invoices in electronic form only.

6.6 Your payment data is transmitted to the respective payment service provider for the payment method you have selected. The financial service provider is responsible for your payment data. Please be advised that we carry out a credit check utilising statistical scoring methods before allowing you to utilise certain payment methods. We transmit your personal data to credit bureaus as necessary for them to perform the credit check, including name, date of birth and address. This data is utilised to calculate the statistical probability of default and make decisions based thereupon regarding conducting of the contractual relationship, including particularly the payment options made available to you.

7. Data processing advisories

7.1 Please refer to our data protection statement concerning the collection, processing and use of personal data and the credit scoring procedure (see point 6.6). This is accessible on our website at any time via the "Data protection" button and can be printed out.

7.2 If you have created a customer account, you can access, change and delete the data you have stored there at any time via the "my account" button.

8. Warranty, guarantees

8.1 Your rights in case of material defects and defects of title are as governed by statutory law.

8.2 An additional guarantee applies to merchandise we deliver only if and as expressly stated in the product description on a webpage of our Burlington Online Shop or in the order confirmation for the respective item.

9. Exclusion of liability

9.1 Except as otherwise specified in these GT&C, including the provisions below, our liability in case of any breach of contractual or extra-contractual obligations shall be as governed by statutory law.

9.2 We are liable for damages if culpable of wilful intent or gross negligence on any legal grounds. In case of ordinary negligence, we shall only be liable for:

a) damages in connection with loss of life or bodily injury/harm;

b) for damages resulting from breach of a primary contractual obligation (i.e. an obligation that must be fulfilled as a prerequisite for proper contract execution, on which the contracting parties may and do generally rely). In such cases our liability is limited however to the amount of damages typically foreseeable.

9.3 The liability limitations per item 9.2 shall not apply in case of malicious concealment of a defect on our part or to the extent we have guaranteed product characteristics. The same applies to claims accruing to you under the German Product Liability Act.

9.4 To the extent liability for damages is excluded or limited, this shall likewise apply to personal liability on the part of our employees, workers, company representatives and vicarious agents.

10. Copyright and industrial property rights

All image rights, copyrights and other industrial property rights to content found in the Burlington Online Shop (including text, illustrations, graphics, videos, music, trademarks, logos and other company marks) are owned either by us or by our partners. Use thereof is prohibited without express prior consent.

11. Assignment, set-off, rights of withholding

You are not authorised to assign a purchase agreement concluded with us or elements thereof to third parties without our written consent. These GT&C do not restrict your ability to set off amounts accruing to you through defect or other claims from a specific contract against our purchase price claim under that specific contract. However, you may only set off claims accruing to you under other contracts against our purchase price claim if your claims are undisputed or have been recognized by us or upheld in a legally final judgement. As buyer you may only exercise rights of withholding if your counterclaim arises from the same purchase contract.

12. Customer service

The Burlington Online Shop customer service department is available from:

Monday - Friday, 08:00 - 18:00
E-mail: online@Burlington.de
Postal address:

FALKE KGaA
Burlington Online Shop
Oststraße 3
57392 Schmallenberg
Germany

13. Saving and viewing the contract text

13.1 The GT&C for the Burlington Online Shop are available for viewing at www.burlington.de in the section "GT&C". You can print out or save this document via your browser. Additionally you can download this document as a PDF file for archiving by clicking here .

13.2 You can also archive your order data by retaining the automated order confirmation we send to your specified e-mail address upon conclusion of your order contract. This e-mail order confirmation states your order data and can easily be printed out or saved via your e-mail software/interface.

13.3 We will additionally provide you with a contract confirmation within a reasonable period of time after contract conclusion, at the latest upon delivery of the merchandise, which states the contract content in writing (e-mail, letter, etc.) which you can retain and file with your documentation. This clause does not affect any further legal obligations on our part to provide you with information.

13.4 We store your order data but you are unable to directly access it for security reasons. We offer customers password-protected direct access to their respective customer account ("Sign in"). Here you can view details regarding your completed, open and recently dispatched orders and manage your address data, any payment data and your newsletter options.

13.5 The text of each order contract is stored in compliance with data protection laws.

14. Contractual right of return

14.1 For all merchandise, we grant a contractual right of return for 14 days, in addition to the statutory rights of contract revocation.

14.2 This contractual right of return allows you to withdraw from the contract. To do so, return the merchandise to us within 14 days of receiving the merchandise, as follows:

(1) Generate a return slip at www.Burlington.de by clicking on the "returns" button which navigates you to the DHL Returns Portal. Here enter the order number and your name and address in the corresponding fields. The order number is stated on the delivery note included with your package. After entering the data, click on the "Next" button to generate a return slip. Alternatively, you can request a return slip from customer service by sending an e-mail to online@Burlington.de. You will then receive a return slip by e-mail.

(2) Print out the return slip and affix it to the package.

(3) Simply drop off the package at your nearest post office – postage is paid.

14.3 Sending off the return by the applicable deadline suffices. This contractual right of return is conditional upon you having handled the merchandise and packaging with care and returning the merchandise complete and undamaged in the original packaging. The contractual right of return is forfeited if you have damaged the merchandise. The return shipment is at our risk.

14.4 Statutory rights of contract revocation as consumer (see item 15) are independent of and are not affected by our terms regarding the contractual right of return.

15. Contract revocation advisory

A legally conforming advisory is given below of the statutory right of contract revocation that accrues to you as a consumer in a distance-selling transaction.

Contract revocation advisory

Right of revocation

You have the right to revoke this contract within 14 days without stating reasons. The revocation period is 14 days from the date on which you or a third party designated by you who is not the shipping/delivery provider have/has taken possession of the merchandise.

To exercise your right of revocation, you must inform us (FALKE KGaA, Burlington Online Shop, Oststrasse 3, 57392 Schmallenberg, Germany) of such exercise by way of an unambiguous declaration (via postal letter or e-mail, for example). You may utilise the attached sample revocation form for this purpose, although the form is not required.
To meet the revocation deadline, it suffices to send notification of exercise of the revocation right before elapse of the revocation deadline.

Consequences of revocation

If you revoke this contract, we are required to refund to you immediately, no later than 14 days from the date upon which we receive notification of your revocation of this contract, all payments we have received from you including delivery costs (with the exception of additional costs accruing through your choice of a delivery method other than the standard, low-cost delivery option we offer). In making such refunds we utilise the same payment mode that you used in the original transaction unless explicitly agreed with you otherwise; in no case will we charge fees for such refunding.

We may refuse refunding until we have received the returned merchandise or until you have provided proof of having returned the merchandise, whichever is earlier.

You must return merchandise promptly within 14 days of the date on which you inform us of contract revocation to this address:

FALKE KGaA
Burlington Online Shop
Auf der Lake 3
57392 Schmallenberg
Germany

either by delivery carrier or in person. The return deadline is deemed met if you send the merchandise off before elapse of the 14-day period. We bear the costs for returning the merchandise. You are only responsible for paying for any loss of merchandise value resulting from handling of the merchandise other than as necessary to inspect the characteristics, features and functions of the merchandise.


Sample revocation form

[Please complete and return this form if you wish to revoke the contract.]

To

FALKE KGaA
Burlington Online Shop
Auf der Lake 3
57392 Schmallenberg
Germany

I hereby revoke the contract I have concluded to purchase the following merchandise.

Ordered on:

Received on:

First name, surname:
Street address:
Postcode, city/town:

Date, signature


16. Online Dispute Resolution Platform

Advisory on the European Online Dispute Resolution Platform and utilising arbitration tribunals for consumer complaints: Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be utilised as an avenue for arbitrating disputes without having to go before a court. The European Commission is responsible for creating the platform. The European Online Dispute Resolution Platform can be found here: http://ec.europa.eu/odr. We are not obliged to pursue dispute settlement in proceedings before a consumer arbitration tribunal and do not do so.

17. Final provisions

These GT&C and all legal and contractual relations between us and you shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods is disapplied.

Version: August 2017