Section 8 Delivery conditions, passing of risk
(1) Delivery shall be made by shipment ex warehouse to the delivery address stated by the customer.
(2) You can find the delivery time in the menu item "Customer service". Every delivery is subject to the
reservation that Buffalo itself has been supplied in time and properly; in this respect, the following
paragraph shall apply.
(3) In the case of non-availability, Buffalo shall immediately inform the customer that the ordered
product is not available and that Buffalo cannot render the service for this reason. If the purchase price
has already been paid Buffalo shall immediately refund it to the customer. The above described
reservation of supply to us as well as the related right of rescission shall only apply if a specific covering
transaction has been concluded with the supplier, the supplier did not fulfil his obligations from this
covering transaction, and Buffalo is not responsible for a possible wrong supply or a non-supply.
(4) Delivery shall be made against payment of a packaging and shipping cost flat rate (section 3,
paragraph 2) the precise amount of which is stated separately for each delivery.
Section 9 Reservation of title
(1) The ordered goods shall remain property of Buffalo until complete payment.
(2) Any resale, rental, pledging, transfer by way of security, processing, other disposition, or
transformation without the express consent of Buffalo is not allowed before the transfer of ownership.
Section 10 Liability for material defects and defects in title
(1) The customer's claims against Buffalo in case of defects will be subject to the statutory provisions
within the statutory periods, unless otherwise provided for in the following regulations. Currently, the
statutory warranty period is two years after delivery of the goods.
(2) Any damage caused by improper handling or measures of the customer which are contrary to the
contract does not establish a claim against Buffalo.
(3) The customer is asked to immediately inform Buffalo about apparent defects or any transport
damage. However, it is expressly stated that there is no such obligation for the customer.
Section 11 Liability
(1) Buffalo shall be liable for any damage arising from other causes than injury to life, body, and health
only to the extent that it is based on intentional or grossly negligent acts or on a culpable violation of a
fundamental contractual obligation (so-called "cardinal duty", i.e. an obligation the fulfilment of which is
necessary for the proper execution of the contract and on the observance of which the contractual
partner regularly relies and may rely) by Buffalo or its vicarious agents. The provisions of the Product
Liability Act shall remain unaffected by this; furthermore, the liability for fraudulent concealment of a
defect, an expressly guaranteed condition as well as for personal injuries shall remain unrestricted.
(2) If Buffalo slightly negligently violates a fundamental contractual obligation, the obligation to pay
compensation for material damages shall be limited to the typically foreseeable damage.
(3) According to the current state of the technology, the data communication via the Internet cannot be
warranted to be error-free and/or available at all times. For this reason, Buffalo shall neither be liable for
the continuous and uninterrupted availability of its online shop nor for technical and electronic errors
which are beyond the influence of Buffalo. If links to other websites or sources are created, Buffalo is not
responsible or liable for the availability of these external sites or sources. Buffalo does not adopt contents
which are available on these websites or sources as its own and excludes any liability or warranty with
respect to them, as long and insofar as it does not have any positive knowledge of the unlawfulness of
(4) Buffalo shall not be liable for the loss of data if the damage had not occurred in the case of proper
data backup in the sphere of responsibility of the customer. A proper data backup shall be assumed to be
performed if the customer verifiably makes a backup of his data in machine-readable form at least on a
weekly basis and thus ensures that this data can be restored with reasonable efforts. The liability of
Buffalo for the loss of data shall be limited to the typical costs of recovery which would have incurred in
the case of proper data backup.
Section 12 Prohibition of set-off; right of retention
(1) The customer is not entitled to set off his own claims against payment claims of Buffalo, unless the
customer's claims are undisputed or have become final and absolute or are disputed but ready for
(2) The customer is not entitled to exercise rights of retention – also arising from notifications of defects
– against payment claims of Buffalo, unless they result from the same contractual relationship.
Section 13 Invalid clauses; applicable law
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall
not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant
(2) The conclusion and the execution of all contracts shall be subject to German law upon exclusion of
the UN Convention on Contracts for the International Sale of Goods and International Private Law. This
applies to the extent only that the customer has no fewer rights than he would be granted by the
statutory law of his home country.
(3) The European Commission provides an EU-wide online dispute resolution service. This enables consumers to resolve disputes on online transactions without having to go to a court. The online dispute resolution service can be found under the following external link: http://ec.europa.eu/consumers/odr/.
We point out though that we do not participate in the online dispute resolution provided by the European Commission.
Buffalo Boots GmbH
Managing Director: Sven Voth, Tim Spickenbom
Registration number: HRB 94621
Registration court: Local Court of Cologne, Germany
Registered office of the company: Cologne, Germany
VAT ID number: DE113832947
phone: 00800 43 12 43 12