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
11.7 - The Online Dispute Resolution platform of the European Union (ODR platform): The ODR platform is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services out-of-court at a low cost in a simple and fast way. The Online Dispute Resolution Platform can be reached here.
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. More information on our Data protection policies can be found here.
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 remain 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.
14.1 - 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.
15.1 - 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.
16.1 - 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 attorney’s fees, resulting from violation of these Terms & Conditions.
17.1 - 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
18.1 - 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
19.1 - 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.
ACQUISITION, PROCESSING AND UTILISATION OF PERSONAL DATA
20.1 - You can visit our website without submitting any information about yourself. We simply save access data to analyse and improve our offers and do not permit any connection to your person.
20.2 - Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter.
20.3 - With resepct to ordering online we use the personal details you’ve shared with us to complete your order. As a customer, your information is used for contract-completion and, if you allow it, our own advertisement purposes.
20.4 - When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking “unsubscribe” at the end of any newsletter.
21.1 - Your personal data will be transferred to the relevant delivery organization, as far as this is necessary for the delivery process. In order to complete payments, we pass on your payment details to the relevant banking institution.
RIGHT TO INFORMATION
22.1 - You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions.
DATA PROTECTION OF PAYMENTS AND ONLINE ORDERS
23.1 - During the ordering process, your personal information is encoded via “Secure Socket Layer” (SSL) and transferred through the Internet (excluding address transfer within newsletter subscriptions). We use a highly secure 128-Bit encoding system.
Credit card details are not saved, but directly received and processed by our payment provider 'Adyen' and our fraud/id security provider ‘Riskified’. No payment or order made on Burton.com is subjected to a credit check or scoring system unless you are explicitly informed of this during checkout when selecting the payment method. Burton.com operates on the Demandware platform and is 100% PCI Compliant, this means that at no point during the order process or post order process are credit card details or bank account numbers saved or held by Burton.com.
We use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Access to your customer account is only possible by entering your personal password. Please keep your login details confidential at all times and always close your browser window once you have finished communicating with us, especially if you are using a shared computer.
CHILDRENS DATA PROTECTION
24.1 - Children Under the Age of 13, Read This: Burton is committed to protecting the online privacy of children. In accordance with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. Burton.com does not sell products for purchase by children. We sell children's products for purchase by adults. Sorry kids, but if you are under 13, you cannot request a Catalog from us. If you would like to receive a Burton Catalog, please have your parents contact us.
25.1 - Children Under the Age of 18, Read This: Sorry kids, but if you are under 18, you may shop at burton.com only with the involvement of a parent or guardian.
26.1 - As an existing customer, or by separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the “Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As an existing customer, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformatted e-mail, without incurring any additional costs to those of your Internet service provider.
Further information about the types of cookies that may be used on this website is set out below
Strictly necessary cookies: These are cookies that are essential to the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or use a shopping basket.
Analytical/performance cookies: These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. You can see more informtion about the cookies Google uses to help us improve the site in Section 9.1.
Functionality cookies: These cookies are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that certain cookies may be set the moment you start visiting this website. You can choose to manage the cookies we use on this website through your browser settings at any time. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.
For more information about how to change your browser settings, and about cookies in general, you can visit www.allaboutcookies.org.
All cookies on Burton.com will expire after a maximum of 2 years.
FACEBOOK SOCIAL PLUGINS
28.1 - This website uses so-called Social Plugins (“Plugins”) by the social network Facebook, which is run by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The Plugins are identifiable by a Facebook logo or the additional phrase “Social Plugin by Facebook” or “Facebook Social Plugin”.
An overview of the Facebook Plugins and how to recognize them is available here.
When you open up a page on our website that contains such a plugin, your browser will create a direct connection with the Facebook servers. The contents of the plugin will be transferred directly to your browser and incorporated into the website you are viewing. By using these plugins, Facebook receives notice that your browser has initiated the relevant page on our website, even if you do not own a Facebook account or are not currently logged in to your Facebook account. This information (including your IP address) is transferred straight from your browser to a Facebook server in the USA and saved there.
When you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. When you interact with these plugins, for example by clicking on a “like” button or by submitting a comment, this information is also directly transferred to a Facebook server and saved there. This information is then also automatically published on Facebook and displayed to your Facebook friends.
Facebook can use this information for advertising purposes, market research and to tailor the appearance of Facebook pages to a specific user. To do this, Facebook creates profiles for usage, interests and connections. For example, this could be used to rate the usage of our website on account of Facebook adverts, to notify other Facebook users of your actions on our website and for other services that are associated with the use of Facebook.
If you would not like Facebook to associate the data collected from your visit to our website with your Facebook account, you need to log out of Facebook before visiting our website.
- You may opt out of Google Analytics for Display Advertising by using the Google Ads Settings page.
- You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.
- If Burton.com makes use of the Google Analytics for Display Advertising Remarketing feature, Burton will use such Remarketing feature to advertise online, and third party vendors, including Google, may show Burton ads on sites across the Internet.
- Burton and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to Burton.com, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Burton.com.
- Google Analytics collects only the IP address assigned to you on the date you visit Burton.com, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Data from Google Analytics Demographics and Interest Reporting may be utilized by Burton to help recognize and understand user preferences, to make improvements to Burton.com, to choose content and advertising to display to you, and for other business purposes that will allow Burton to better serve you.
LINKS TO OTHER WEBSITES
30.1 - On our website, you will also find links to other websites. We specifically do not hold any kind of liability for the accuracy, completeness, legality, objectivity and timeliness of the contents of these websites.
PRIVACY AND TELL A FRIEND
31.1 - When you use a tell-a-friend form on the site, we ask for the friend's name and email address. We will use this information to automatically send the specified email message to the friend. We will not use this information to contact the friend in the future. We will retain the information you provide for tracking purposes. If someone notified through tell a friend wishes to have their information removed from our database they can contact us at firstname.lastname@example.org