General Terms and Conditions for the Burner Motion Website and Online Store
1. Scope
The following general terms and conditions (hereinafter referred to as the „Terms and Conditions“) apply in their version valid as of the time when an order is placed to all contracts concluded between Burner Motion AG, Lange Gasse 4, 4052 Basel, company number CHE-237.661.639, Commercial Registry Basel-Stadt, Director: Muriel Sutter (hereinafter „Burner Motion“) and you as a consumer with respect to the purchase and delivery of goods from the Burner Motion Online Storehttp://www.burnermotion.ch.
The acquisition of Burner Motion goods in the Burner Motion Online Store is reserved exclusively to end-consumers fulfilling the following requirements:
- Delivery address in the following countries: [worldwide]
- Having completed the 18th year of age at the time of the order. If you are under 18 years old, then the participation of your parent or guardian shall be required.
You declare to be unconditionally bound by the Terms and Conditions and the Data Protection Privacy Statement. During the ordering process on the Burner Motion Online Store, you have the option to view, download and print the Terms and Conditions and the Privacy Policy in their current version by clicking on „Terms and Conditions“ or on„Privacy Policy“
2. Placing of order and conclusion of the contract
The goods displayed in the Burner Motion Online Store do not constitute an offer, but only a non-binding invitation to you to transmit to Burner Motion a binding offer to conclude a purchase contract with respect to the goods selected. Your binding offer is placed by clicking on the button „BUY„. Prior to placing your binding offer, you can review, change or delete at any time the order information contained in your shopping bag.
Following transmission of the order, you will receive an automatic confirmation by e-mail which includes an order number, lists the goods ordered and confirms receipt of your order at Burner Motion.
It is in Burner Motion sole discretion to decide whether it will accept your offer or not. Any acceptance is usually notified within 14 days of receipt of your order via e-mail in the form of a delivery confirmation. The contract is only concluded through the declaration of acceptance of Burner Motion issued in the form of the delivery confirmation, and is limited exclusively to the goods which are listed in such confirmation. No contract shall be concluded with respect to any goods for which a delivery confirmation has not been issued. This applies irrespective of whether funds have been charged from your account or not. In the event that funds have been charged from your account whilst your purchase offer has not or not fully been accepted by Burner Motion, then you will be refunded with respect to any such amounts.
3. Delivery, cancellation of non-deliverable goods, termination and transfer of risk
The goods are dispatched to the delivery address you specified and which may be located exclusively within the countries listed in cl. 1.2..Without indication to the contrary, delivery is effected usually within 5 working days after you received the delivery confirmation from Burner Motion. Any information regarding delivery terms and dates is not binding.
With the delivery confirmation you will receive the tracking number through which you can track the shipment of the goods.
4. Prices and shipping costs
All prices appearing on the website are final prices and thus include the statutory VAT valid at the time of ordering.The respective shipping costs and any additional costs are visible in the „shopping bag“ and will be added to your order.
If the prices of certain goods ordered are manifestly wrong, then Burner Motion has the right to cancel the placed order.You have then the option to order anew the goods at the correct price.
5. Payments
Burner Motion offers exclusively the payment methods listed in the ordering process.Burner Motion reserves the right to exclude certain payment methods.
Payments by credit card are subject to validation checks and authorization by your financial institution.For more information, see our Data Protection Privacy Statement.
Upon approval of the payment method by Burner Motion your account will be charged with the dispatch of the delivery confirmation.
6. Right of withdrawal
You have the right to cancel your declaration of acceptance of the contract without stating a reason within fourteen (14) days in a written form or – if you received the goods before expiry of the term – also by returning the goods. The stated period of time starts on receipt of this information in written form, however, not before receipt of the delivered goods . To comply with the stated period of time it is sufficient to dispatch the notice of withdrawal or the goods in time.
The notice of withdrawal or the goods to be returned are to be sent to:
| In case of transmission of a written notice of withdrawal: | Burner Motion AGXXX |
| In case of cancellation by e-mail: | XXX |
| In case of cancellation by returning the goods, the goods are to be sent in their original packaging to: | Burner Motion AGXXX |
In case you return goods in deteriorated condition, you have to provide compensation for the reduced value. Goods are in deteriorated condition if the handling of the goods exceeds the regular testing of the properties and of the functionality as would be possible and usual to do for instance in a retail shop.
Goods have to be returned at your cost and risk. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts with the receipt of the returned goods.
7. Warranty
Burner Motion declines any warranty with respect to the accuracy and security of any information transmitted or retrieved from its website.Similarly, no warranty – implied or otherwise – is assumed for any information published on the website with respect to the goods, such as their descriptions, colours, materials, texture, quality, etc.Any deviations in this respect do not constitute defects.
8. Liability and limitation of liability
Burner Motion is fully and exclusively liable (1) for damages which have been caused by intent or gross negligence, (2) whenever Burner Motion has maliciously concealed a defect, (3) if a specific guaranteed feature is missing, (4) in the event of injuries to life, body or health, or (5) for claims under the Product Liability Act.
In the event of a breach of a material contractual duty, the compensation shall be limited to such damages which were foreseeable and typical to the contractual relationship at issue upon conclusion of the contract (material contractual duties are those the fulfilment of which allows the proper execution of the contract and on the compliance of which you may rely on a regular basis).
To the extent that the liability of Burner Motion is excluded or limited, such exclusion or limitation also extends to its legal representatives and vicarious agents, to the extent that you would assert any claims against them.
9. Intellectual property rights
The contents of the website, including the text, images, photographs, graphics, sounds, etc. (hereinafter „design elements“) and the software are protected by copyright.The copyrights and trademarks and all other intellectual property rights with respect to the design elements and merchandise published in the Burner Motion Online Store are the property of Burner Motion or of its licensors.The intellectual property rights may be reproduced, published, transmitted, modified, or used in any other way only by Burner Motion or its licensees, unless the use by third parties has been previously expressly approved in writing by the legitimate owner.
10. Assignment of rights and obligations
Burner Motion has the right at all times to assign or to transfer its rights and duties under the agreements with you, in whole or in part, to third parties.
You are not entitled to transfer, assign or encumber, wholly or in part, any rights or obligations under the contracts with Burner Motion to third parties without the prior consent of Burner Motion.
11. Notices
Any notices can be sent to Customer Service as follows:
In writing by post: Burner Motion ltd., Lange Gasse 4, 4052 Basel
By e-mail: info@burnermotion.ch
By phone: +41 79 643 43 48
12. Severability
If any provision of these Terms and Conditions is or becomes, wholly or in part, invalid or void, or contains gaps, then this shall not affect the validity of the remainder of these Terms and Conditions.
13. Waiver
In the event that Burner Motion should not insist in requesting from you fulfilment of the contractual obligations or should fail to exercise the rights available to it, then any such behaviour shall not constitute a general waiver. You shall remain bound to fulfil your contractual obligations unless Burner Motion notifies you an express waiver in writing.
14. Privacy Policy
Burner Motion AG assumes full responsibility for all personal information that you transmit when using the Burner Motion Online Store. As part of its Privacy Policy, Burner Motion AG explains how personal data are processed and protected by the company. The Privacy Policy can be found by clicking on the link in the footer of the Burner Motion Online Store.
15. Applicable law and jurisdiction
Any agreement between Burner Motion and yourself is subject to Swiss law.The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of any other intergovernmental convention is excluded.
The place of jurisdiction is Basel. Burner Motion, however, may initiate proceedings with the competent courts at your domicile. Trading