GENERAL TERMS AND CONDITIONS (“GTCT”):
In the following please find the General Terms and Conditions (“GTCT”) of
Amsterdam Berlin GmbH
Strausberger Platz 3
Represented by: Moritz Grub
Telephone: 030 55242325
(hereinafter also referred to as “Amsterdam Berlin GmbH”, “we”, “us”, “our” or similar)
Please read the GTCT carefully. By ordering goods or services through this website or by registering on or with this website the customer (hereinafter also referred to as “you” or “your” or similar) agrees that these GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. Individual agreements between you and us, however, shall prevail.
1. SCOPE OF APPLICATION
1.1 THIRD-PARTY WEBSITES
Our GTCT shall not apply, if our products are sold, delivered, brought or rendered to you by third-party websites, irrespective of whether you directly go to the third-party website or click yourself through a link on our website to the third-party website (like for example www.cafepress.com, iTunes, Amazon or other online stores etc). Only the third-party’s terms and conditions shall apply in such cases. IN SUCH CASES WE ARE NOT THE VENDOR AND WE ARE NOT RESPONSIBLE FOR THE CONTRACT THAT YOU CONCLUDE WITH THE THIRD PARTY. ONLY THE THIRD PARTY AND NOT US IS RESPONSIBLE IN SUCH CASES.
1.2 OUR GTCT APPLY ONLY, IF WE ARE THE VENDOR
Our GTCT shall only apply to such products, goods and services which are sold, delivered, brought or rendered by us, the vendor Amsterdam Berlin GmbH, through this website to you as our customer. The term “product(s)” shall also include services. The term “customer” shall include entrepreneurs and consumers.
1.3 By ordering goods or services through this website with us as a vendor you agree that our GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. We will accept no other terms and conditions by our customers or third persons. Even our silence does not make such other terms and conditions part of our business or legal relationship with you. Individual agreements between you and us, however, shall prevail.
1.4 By ordering our goods or services through this website YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
1.5 Please be aware that there will be no 100% guarantee that this website will constantly be available at all times. However, we will use our best efforts to make this website available to you as far as this is technically possible and reasonably achievable.
1.6 We have the right to reasonably change our services to the customer or to stop offering any services to customers in the future.
1.7 We may reasonably revise and update our GTCT at any time by posting such revised or updated GTCT on or at our website. Any changes to our GTCT will become effective upon posting such revisions or updates. You agree to be bound to the modifications and should therefore periodically visit this page to review our current GTCT to which you are bound. We will inform you, if legally necessary, about your right of withdrawal.
2. OFFER, COMPLETION OF THE CONTRACT
2.1 If we mention prices on this website or in our written material, or if we describe our services therein, we want to only invite you to make an offer to buy our products (so called invitatio ad offerendum). The offer is then your order of one or more of our products with us. We are free to accept or not to accept your offer. Once we have accepted your offer, we have reached an agreement with you. Before this moment, we are free to change the prices for our products and other terms and conditions.
2.2 After we have received an offer (order) from a customer, we have 14 days time to accept or not to accept the offer. Silence from our side will mean that we did not accept the customer’s offer. The customer can order from us only online via our website.
2.3 The offer of a customer will be accepted from us usually in one of the following ways:
- an order confirmation of the customer’s offer or
- we send out the ordered product to the customer and the customer actually receives it.
2.4 Before we accept your offer, you may receive an automatically created e-mail summary of your offer (order). Please note, that this summary e-mail is not an acceptance of your offer (order). This e-mail only summarizes all content of your offer (order). An order confirmation (acceptance of your offer) will instead have the headline “Order Confirmation.”
2.5 In case of an effective withdrawal (see 3.), the consumer shall bear the costs incurred when returning goods up to a gross order value of 40 euros, if the delivered goods are identical with the ordered goods; we are obliged to bear these if the order value exceeds this amount, unless you have not paid your contractually agreed upon consideration at the time of your withdrawal, or if the ordered goods are not identical with the delivered goods.
3. WITHDRAWAL INSTRUCTIONS / INFORMATION ON RIGHT OF WITHDRAWAL (applies ONLY to consumers from member states of the EU! For non-EU consumers, there is no right of withdrawal.)
I. Right of withdrawal
If you are a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Amsterdam Berlin GmbH, Strausberger Platz 3, 10243 Berlin, represented by: Moritz Grub, Telephone: 030 55242325, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
II. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any
event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF WITHDRAWAL INSTRUCTIONS
III. Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract according to 3. I. above)
Amsterdam Berlin GmbH
Strausberger Platz 3
Represented by: Moritz Grub
Telephone: 030 55242325
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
4. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that all the information you have given to us when ordering a product from us, including bank account data, credit card information, your billing address and your shipping information, etc., is current and accurate and that this information is sufficient for the execution of your payment and your product order by us.
5. PRICES AND PAYMENT TERMS
5.1 As far as nothing else is expressly agreed upon between the parties, the list price at the time of delivery shall have to be paid by the customer. In case of doubt, not the prices on our website or in an automatic summary e-mail (see 2.4) shall be decisive, but the price named or specified in our acceptance of your offer. In case the price named or specified in an order confirmation (acceptance) differs from the price in your offer, our acceptance does not lead to a contract, but shall be deemed to be a new offer to the customer which the customer is free to accept.
5.2 We are entitled to retract from granted discounts any time before the acceptance of your offer, in particular because of cost increases for materials, carriage or labour, taxes, duties, higher exchange rates, etc. The provision in 5.1 (sentences 2 and 3) shall apply accordingly.
5.3 As far as nothing else is expressly agreed upon between the parties, the currency as noted or specified on this website shall be decisive.
5.4 Product prices include value added taxes. You shall pay all charges that may be incurred by you or on your behalf through our website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. All prices are not negotiable, once there is a binding contract between the parties.
5.5 We offer different payment options to our customers. As far as nothing else is expressly agreed upon between the parties and nothing else is specified on our website, the customer has the option to pay (1) via the payment system PayPal, or (2) via credit card which we will charge with the consent of the costumer.
5.6 All payments have to be made in Euros free from any bank charges.
5.7 We may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download" link, except of course, if it’s a free of charge “Download” link.
5.8 The offsetting of payments is permitted only if the money counterclaims are legally ascertained by a court of law of good jurisdiction or are not in dispute between the parties. In addition, the customer is authorised to the exercise of a retention right only if his / her counterclaim is based on the same contractual relationship.
5.9 If the customer is in default with his / her payment, we are entitled to charge interest on arrears at the rate of 5 percent points above the base interest rate as announced by the European Central Bank p.a. If we can prove higher damages in case of such a default, we are entitled to such higher damages. In case of a default of the customer we are only obliged to other deliveries to the customer if the customer has paid the entire open amount and has given us security for other deliveries.
6. BANKRUPTCY ETC.
In case you go bankrupt, you receive a court order to liquidate your assets, or we have reason to believe that you are not or will not be able to pay your debts when they are due, we are entitled to do the following:
- We may stop all further deliveries and call back all deliveries in process
- We may reject any more orders from you and retract from existing contracts
- We may stop all services we had granted to you to your benefit
7. LIMITATION OF LIABILITY
7.1 The liability of Amsterdam Berlin GmbH is excluded or limited concerning injuries and damage to life, body or health, unless we or our legal or other representatives were acting with intent or negligence concerning the acts or omissions that led to the injuries.
7.2 For all other injuries the liability of Amsterdam Berlin GmbH is excluded or limited, unless we or our legal or other representatives were acting with intent or gross negligence concerning the acts or omissions that led to the injuries.
7.3 If a statute holds a provision we cannot deviate from, then this statutory provision shall apply (e.g. § 14 German Product Liability Code).
7.4 You have the obligation to do everything what is reasonably possible to avoid or limit damages or the amount of damages. If you do not comply with this provision, a court of law may shorten the amount of damages which you may claim against us. See, e.g., § 254 German Civil Code.
8. INDEMNITY, RIGHTS OF THIRD PERSONS
You agree to indemnify us from all liability as well as from all demands or costs which are asserted, brought or claimed against us by third persons as a result of your infringement of rights of third persons.
9. YOUR RIGHTS IN CASE WE DELIVERED A DEFECT PRODUCT TO YOU
9.1 Both Parties understand that, considering the current state of the art, it is not possible to entirely exclude technical software problems, to manufacture faultless software or to cure every defect.
9.2 If the purchased product is defect, even considering Section 9.1 of these GTCT, the guarantee regulations as provided for by law or statute in the respective country shall apply, unless the following provisions provide for different regulations.
9.3 A product is defect if it is not of the agreed upon nature or quality or injures copyrights or other rights of third persons. But please see also Section 9.1 of these GTCT.
9.4 A product, in particular software, is not defect if it suffers from compatibility problems with other software or hardware, unless both parties have expressly agreed upon otherwise.
9.5 We will not be liable for any mishandling, misuse, misinstallation etc. of the product on your side. We are also not liable if you do not heed or follow instructions by the manufacturer of the product.
9.6 You lose the right to use and/or enjoy the product once you exercise a right to rescind the contract. In such a case, you need to immediately delete all products (e.g. electronic music, downloads etc.) bought from us in the rescinded contract from all of your hardware and destroy all copies and other copies of the product. You agree that after the exercise of a right to rescind the contract you will declare and swear in writing that you have carried out or will immediately carry out all the acts which are required from you in 9.6.
10. REPORTING OF DEFECTS
10.1 You are obliged to immediately report or indicate to us defects of the ordered product(s) in writing (to: Amsterdam Berlin GmbH, Strausberger Platz 3, 10243 Berlin, represented by: Moritz Grub, Telephone: 030 55242325, E-Mail: email@example.com), concerning evident defects at the latest after five working days after receipt of the product(s), and concerning hidden defects at the latest after one year after receipt of the product(s).
10.2 Once you have discovered a hidden defect, you are obliged to immediately report or indicate to us this discovered defect in writing to the under 10.1 mentioned address.
11. APPROVALS, EXPORT, DUTY FEES AND TAXES
11.1 If a government or another authority of your country or any other country requires an approval or license for the purchase, transport or use of the product, it is incumbent upon you to get this approval or license at your own expenses and to prove these approvals and licenses to us, if requested by us. Non-performance of this obligation does not entitle you to hold back or delay any payment of the product to us. You agree to bear all our costs and expenses which result out of any non-performance of this obligation.
11.2 The products may have to comply with certain exportation controlling laws or exportation controlling regulations in the country of delivery or any other countries. It is incumbent upon you to obey these laws and regulations and to do nothing what could offend against them.
11.3 When certain products are imported into the European Economic Area (EEA) or into any other country of the world, the authorities may impose certain duty fees and taxes on you. We want to inform you that all such fees and taxes have to be paid by you only. You can find out more information about duty fees and taxes, for example, from a customs office responsible for your country.
13. NO ASSIGNMENT
Neither these GTCT nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
14. CONTRACTUAL LANGUAGE
The contractual language which is available shall be only English.
15. HOW TO DETECT AND CORRECT TYPING OR INPUT ERRORS
15.1 You can detect typing or input errors for example by using the zoom function of your browser and by carefully re-reading what you had typed into your computer before ordering a product.
15.2 You can correct typing or input errors by using the “Back”-button of your browser or by using the “Delete”-button. Please ask us, if you want more information on how to correct typing or input errors.
16. ENTIRE AGREEMENT, NO WAIVER
16.1 These GTCT constitute the entire agreement between us and you with respect to your access and use of this website and the content contained in the GTCT, and your membership with this website, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these GTCT shall be binding unless individually agreed upon between both parties. You acknowledge, represent and warrant that you have read these GTCT and agree to be bound by them as part of and in consideration of using this website and the agreed upon services.
16.2 Failure by either party to enforce any provision of these GTCT will not be deemed a waiver of present or future enforcements of this or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
17. GOVERNING LAW, JURISDICTION, SEVERABILITY, INJUNCTIVE RELIEF
17.1 Governing law shall be in all cases with respect to all matters concerning these GTCT the laws of Germany, excluding all provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.2 The courts in Berlin, Germany, shall have exclusive jurisdiction in all cases with respect to all matters concerning these GTCT, unless a binding statute in your country excludes such an agreement about jurisdictions in your case.
17.3 If any provision of these GTCT shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these GTCT shall continue to be in full force and effect.
17.4 You agree that any unauthorized use of our website, our products or any related software or materials, or any third party applications, would result in irreparable injury to us or our affiliates, representatives and providers for which money damages would be inadequate, and in such event we, our affiliates, representatives and providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
18. POSTING MESSAGES ETC., UPLOADING FILES ETC.
18.1 Our website may include features via which you may post messages, upload files, input data, or communicate with other users through our website.
18.2 By posting messages, uploading files, inputting data, or engaging in any other form of communication through our website, you agree to (a) grant to us and our successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or publicly display any such communication, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (b) absolutely and irrevocably waive in our favor and our successors, licensees and assigns, all moral rights in respect of any such communications, as far as this is legally possible in your jurisdiction, and (c) execute and deliver such further documents and do such further acts and things as we may request for the purpose of giving effect to the foregoing.
18.3 You agree, by using our website and the features mentioned in 18.1 and 18.2, that: (a) you will not use our website to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (b) you will not restrict or inhibit any other user from using and enjoying our website; (c) you will not post and/or upload any copyrighted, trademark protected and/or patent protected material on our website unless you own the copyright / trademark / patent in and to such material; (d) you will not post or transmit any information or software that contains a virus, worm, time-bomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (e) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (f) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation or content of our website; and (g) you will not impersonate any other individual or entity in connection with your use of our website or the features mentioned in 18.1 and 18.2.
18.4 Although we are not able to and do not review all posted messages, uploaded files etc., we reserve the right to remove any message for any reason we may consider appropriate. You remain solely responsible for the content of your messages.
18.5 Posting of advertisements, spam, chain letters, pyramid schemes, solicitations, and the like, are not allowed on and/or through our website.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us and our affiliates and our representatives from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, our website; (b) any violation of our GTCT by you; (c) any messages, uploaded files or other forms of postings that you post on our website which, for example, may have caused damage to or infringed upon or violated the rights of a third party, including without limitation, past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
We may, at any time and for any reason, terminate your access to or use of our website, your user name and password, your account or any files or information associated with your user name and password.
21. TRADEMARK AND COPYRIGHT INFORMATION
21.1 All material on our website, including, but not limited to, music, lyrics, text, data, graphics, logos, button icons, images, audio clips, video clips, merchandising, links, digital downloads, data compilations, and software is owned, controlled, or licensed by Amsterdam Berlin GmbH and is protected by copyright, trademark, and other intellectual property rights.
21.2 All trademarks and service marks on our website are the property of their respective owners. We do not necessarily own all trademarks or service marks which you see on our website.
21.3 Material on our website or sold through our website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, publicly performed, publicly displayed, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without being stated on our website otherwise.
21.4 In some cases, we will give you an explicit permission to share our material, for example, via Facebook or Twitter. In such cases: please share our material with as many people as possible.
21.5 In all cases you promise and agree that you keep intact any and all copyright and other proprietary notices that may appear on our materials.
DATA PROTECTION DECLARATION (PRIVACY STATEMENT)
1. PROTECTION OF YOUR PERSONAL DATA
We appreciate your interest in our website and our company. The protection of your personal data during your visits to our website is of great importance to us and we are fully committed to protecting your personal data. We are taking your privacy very seriously, especially, as concerns the collection, sharing, processing, and utilization of your personal data when you visit our website.
Contact info for data protection matters:
The responsible contact for data protection matters in our company is:
Amsterdam Berlin GmbH
Strausberger Platz 3
vertreten durch: Moritz Grub
Telefon: 030 55242325
If you have any questions regarding the protection of your personal data or this privacy statement, please do not hesitate to contact our data protection officer (Moritz Grub) at firstname.lastname@example.org. We will be pleased to inform you about your personal data stored in our database.
2. CONSENT TO USE OF DATA
Mere use of our website or reading this privacy statement shall not be deemed replace the consent we are required by law to obtain from you in order to collect, share, process, and use your personal data in the form indicated below and for the purposes mentioned below. In addition, we would like to emphasize that you have the right to withdraw the consent you have given with respect to the collection and use of your data at any time with future effect.
3. PRIVACY STATEMENT MAY BE SUBJECT TO FUTURE CHANGES
Experience has shown that privacy legislation is subject to regular revisions, which may require adjustments to our privacy statement. The contents of our website are also frequently updated for changes and improvements. We therefore reserve the right to adjust the present privacy statement accordingly and to send you information about changes to our privacy statement if required. In addition, you are kindly invited to regularly visit our website to get informed about modifications of our privacy statement or other terms and conditions of use of our website. Please be assured that we will not change our privacy statement in any material way that might lead to an increased use of your data, unless you have given your consent to such use.
4. COLLECTION AND RECORDING OF DATA WHEN ACCESSING OUR WEBSITE
Below you will find some information about which personal data are recorded during your visit to our website and how we use them.
Every access to our website (including its sub-pages) will be captured and recorded automatically. In particular, the system can capture and record the IP-address of the computer submitting a query. In the same way, every time you are clicking on, downloading, or otherwise accessing any file on our website, your data will possibly be captured and recorded. The following data will be recorded: file name; date and time of access; volume of data accessed or transferred; browser used; information on whether the access and/or transfer was successful; the name of the domain or e-mail submitting the query; time zone; search terms that referred you to our website. Any e-mail receipt or read confirmations may also possibly be captured and recorded.
b) None of the above-mentioned data - except for the domain submitting the query or your e-mail address - will allow us to identify you personally. The above data collection is not prescribed by law or contract and is not required for concluding a contract. You are not obliged to provide the above personal data. If you do not provide the data, however, you may actually no longer have access to all of the functions provided by our website.
5. NO RECORDING OF ADDITIONAL PERSONAL DATA, UNLESS PROVIDED VOLUNTARILY
Any personal data other than those specified in the previous section will only be collected and stored by us if you have provided them voluntarily, e.g. by sending us an e-mail query or by providing your contact data in connection with advertisements you wish to serve on our website or by purchasing one or more products from our website. The legal basis for processing personal data in this context is Article 6 (1) a), and alternatively also, b) GDPR. You have the right to withdraw the consent you have given with respect to the recording of your data at any time with future effect.
6. USE AND DISCLOSURE OF PERSONAL DATA
a) We will only use any personal data you have transferred or communicated to us for answering your inquiries, performing contracts to which you are a party, processing orders you have placed with us, or for the purposes of our technical administration, accounting or invoicing processes. The applicable legal bases in this context are Article 6 (1) a), and alternatively also, b), c) and f) GDPR. We will not disclose or otherwise transfer any of your personal data to any third party, unless (i) this is required for performing a contract or for invoicing purposes or (ii) you have previously given your consent or (iii) we are entitled or required to do so under applicable legal provisions. The applicable legal bases in this context are Article 6 (1) a), and alternatively also, b), c) and f) GDPR. You have the right to withdraw the consent you have given us at any time with future effect.
b) In case of a legal conflict with a user, we may also share your personal data with our attorneys (www.zellerseyfert.com) or with law enforcement. The applicable legal basis in this context is Article 6 (1) f) GDPR.
7. NO TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES OR INTERNATIONAL OR CROSS-BORDER ORGANIZATIONS
We do not transfer any data to third countries or to international or cross-border organizations. Should the transfer of data to a third country or to an international or cross-border organization be necessary, such transfer will be performed as permitted by applicable law only. The legal basis for processing personal data in this context is Article 6 (1) f) GDPR. When using the services described in sections 12. to 17. below, your data will be transferred to the USA. The applicable legal basis in this context is Article 49 (1) (a) of the GDPR. We herewith inform you of the possible risks of such transfers for you due to the absence of an adequacy decision and appropriate safeguards. You consent with this transfer. See how you can protect your privacy in the sections 12. to 17. below.
8. DELETION OF PERSONAL DATA
If you withdraw your consent, we will delete your personal data immediately. See Art. 7 (3) GDPR. The data will also be deleted if we no longer need to know them for fulfilling the purpose for which they were stored or if storage of the data is or has become inadmissible for any other legal reasons.
9. RIGHT TO INFORMATION AND OTHER RIGHTS
a) Upon request, we will be pleased to inform you about your personal data stored by us, including their origin, recipients, and the purpose for which they are stored. See Art. 15 GDPR.
b) In addition, you have the following rights regarding your personal data processed by us:
- right to request corrections (Art. 16 GDPR)
- right to request deletions (Art. 17 GDPR)
- right to restrict processing (Art. 18 GDPR)
- right to object to processing (Art. 21 GDPR)
- right to data portability (Art. 20 GDPR)
c) In addition, you have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).
10. PROTECTION AGAINST THIRD PARTIES SPYING ON PERSONAL DATA
Please be assured that we will protect your personal data stored by us from illegal espionage by third parties as far as such protection is reasonably possible using modern technical and organizational means. However, whenever we contact you or you contact us by e-mail, we cannot guarantee full data security despite various safeguards employed by us. We therefore recommend you to send any confidential information by ordinary mail.
11. SHORT NOTE ON COOKIES
a) Our website uses so-called session cookies. Session cookies are managed on the server and not saved to the hard drive of your computer. Session cookies make navigation easier during your visit to our website but immediately cease to be valid when you leave our website. If you visit our website again, the server will create a new cookie, which will also cease to be valid when you leave. Consequently, session cookies do not allow us to identify visitors to our website or the personal data of visitors to our website. If you do not want to accept any cookies, not even session cookies, the help function in most browsers (usually represented by a question mark icon) will show you how to change the browser settings to accept no new cookies when using the internet. Many browsers can also be set to automatically notify you when a new cookie is being set. Usually, your browser’s help function will also provide instructions on how to delete all cookies set on your computer. Some browsers can be set so that no cookies are set or accepted on your computer, unless the respective inquiring address is permitted according to your specifications.
12. USE OF GOOGLE ANALYTICS
a) This website uses Google Analytics, a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as "Google"). Google Analytics uses “cookies” (text files), which are stored on your computer and help analyze your use of our website. The information generated by the cookie about your use of our website, including your IP address, will be transmitted to and stored on a Google server in the United States. Google will use said information for analyzing your use of our website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer such information to third parties if Google is required to do so by law or if third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
You may refuse the installation of cookies by selecting the corresponding settings in your browser software; please note, however, that by doing so, you may not be able to make full use of the functions of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purposes set out above.
You may opt out of the collection and storage of data by Google Analytics at any time with future effect. For more details on how to deactivate Google Analytics, please refer to: http://tools.google.com/dlpage/gaoptout?hl=de.
Given the debate about the use of analytical tools with full IP addresses, we would like to point out that this website uses Google Analytics with the extension "_anonymizeIp ()" which ensures that IP addresses are processed in truncated form only to prevent them from being traced to a specific user.
b) The legal basis for our use of Google Analytics as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
13. USE OF GOOGLE REMARKETING
b) The legal basis for our use of Google Remarketing as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
14. USE OF GOOGLE ADWORDS CONVERSION TRACKING
a) We are also using the online advertising program “Google AdWords” and conversion tracking within Google AdWords. Google conversion tracking is an analytics service offered by Google. If you click on an advertisement delivered by Google, a conversion tracking cookie is set on your computer. As these cookies cease to be valid after 30 days and do not contain any personal data, they are not used for identifying individuals.
If you visit certain pages on our website while the cookie has not yet expired, Google and we can see that you have clicked on the advertisement and been redirected to this page. Every Google AdWords customer gets a different cookie. Hence there is no possibility of tracing back cookies via the websites of AdWords customers.
Information obtained by using a conversion cookie is used to generate conversion statistics for AdWords customers using conversion tracking. In this way, the customers get information on the total number of users, who have clicked on their advertisement and been redirected to a page utilizing a conversion tracking tag. However, they do not get any information that can be used for personally identifying users.
If you do not want to participate in conversion tracking, you can opt out of this usage and prevent the installation of cookies by making the respective settings in your browser software (opt-out option). Thereafter, you will no longer be included in the conversion tracking statistics.
b) The legal basis for our use of Google AdWords Conversion Tracking as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
15. USE OF FACEBOOK REMARKETING
a) This website also uses the “Custom Audiences” remarketing feature provided by Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA (hereinafter: “Facebook”). This feature allows us to deliver targeted advertising to the website’s visitors by displaying personalized, interest-based Facebook-Ads to the website’s visitors when they use the social network of Facebook. Facebook integrates the remarketing tag on our website to implement this feature. This tag creates a direct connection with the Facebook servers when you visit our website. This sends a record of which of our web pages / subpages you have visited to the Facebook server. Facebook matches this information to your personal Facebook account. For more details on the collection and use of your data by Facebook, your associated rights and options for protecting your personal data, please refer to Facebook’s data policy available at https://www.facebook.com/about/privacy/. If you do not want Facebook to directly match the collected information to your Facebook user account, you can deactivate the “Custom Audiences” remarketing feature. A description on how to deactivate the feature is available at https://www.facebook.com/business/help/1537748149838397. You need to be logged in to Facebook to do so.
b) The legal basis for our use of Facebook Remarketing as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
16. USE OF SHOPIFY
a) We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
b) The legal basis for our use of Shopify as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
17. USE OF SOCIAL MEDIA
a) Use of Google+
aa) Our website uses the Google +1 button (often stylized as a white “g” and a “+1” icon on a colored or dark background with a colored horizontal bar on top). Google+ is a social network provided by Google. Its features and functions are explained in detail on the Google+ website ( https://plus.google.com). While you are logged in to your Google+ account, Google stores and processes both the information that you have clicked on the Google+1 button for a specific website content and the data and information of the website you were viewing when you clicked on the Google+1 button. Your “+1” recommendations can be displayed as references together with your profile or page name in Google+ and your photo you are using with your Google profile and/or your Google page in Google search results, for instance, or in your Google profile or on your Google page, or at other locations on webpages and in online advertisements. Google records and processes data and/or information on your “+1” activities to improve Google services for you and other users. The identity of your Google profile or your Google page can be displayed to users who know your e-mail address or have other identifying information about you.
Google may also publish aggregate statistics about the “+1” activities of all users or pass these statistics on to other users and third parties (such as partners of Google). We have no influence on these activities.
If you have got a Google user account but do not want Google to collect personal and/or other information on you via our website and to link said information with the membership data about you stored by Google or to link, process and use said information in any other way, you need to log out of your Google account before visiting our website.
bb) The legal basis for our use of Google+ as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
b) Use of Facebook Plugins
aa) Our website uses Facebook plugins. A plugin is a software component, which - during its runtime - can be detected and integrated by a software application to add specific features to the software application. The Facebook plugins are operated by the social network Facebook Inc. 1601 S. California Ave, Palo Alto, California 94304, USA (hereinafter “Facebook”). The Facebook plugins used on our website are identified by the Facebook logo (white “f” on blue tile), by the suffix “Like”, or the “thumbs up” symbol, or the suffix “Facebook Social Plugin”.
Whenever you visit our website or any of its subpages that contain such a Facebook plugin, your browser creates a direct connection to the Facebook servers. In this way, the content of the Facebook plugin is transmitted to your browser which integrates it into the displayed webpage and/or subpage of our website. Once the plug-in has been installed, Facebook is notified that you have visited our website or the respective subpage of our website. Please be aware that Facebook can match the visit to your Facebook account, if you are logged in to Facebook during your visit to our webpage and/or any subpage of our website. If you interact with Facebook plugins, by clicking the “Like” button or commenting, for example, the corresponding information will be transmitted directly to Facebook, where it will be stored and processed.
It cannot be ruled out that Facebook will find out and store your IP address even if you have no Facebook user account.
If you have a Facebook user account and do not want Facebook to collect personal and/or other data on you via our website and to link said information with the membership data about you stored by Facebook or to process and use said information, you need to log out of your Facebook account before visiting our website. You can also block Facebook plugins on your browser by using certain add-ons, like the “Facebook blocker” add-on (see, for example, at http://webgraph.com/resources/facebookblocker/).
bb) The legal basis for our use of Facebook Plugins as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
c) Use of Twitter
aa) Various features provided by the online service Twitter are installed on our website and its sub-pages. These features are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, California 94107, USA (hereinafter referred to as “Twitter”). If you have a Twitter user account and use the “re-tweet” feature, the webpages and/or subpages of our website that you visit will be linked to your Twitter account and disclosed to other users. In the context of this link and disclosure, personal and/or other data will also be transmitted to Twitter where they will be further processed and used.
For more information on the purpose and scope of the data collection and the further processing and other use of the data by Twitter as well as your associated rights and setting options for protecting your privacy, please refer to
bb) The legal basis for our use of Twitter as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
d) Use of the Pinterest Pin It Button
aa) Our website also uses the “Pin it” button provided by the online service Pinterest. In Europe, this online service is provided, among others, by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland. In the United States this online service is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA. Due to the use of the “Pin it” button, your browser creates a direct connection with the Pinterest servers. The Pinterest plugin transmits log data to the Pinterest servers located in the United States. These data may contain your IP address, the addresses of the webpages (sub-pages) you have visited, the type and settings or your browser, the date and time of the query, your usual utilization of Pinterest and cookies.
For more information on the purpose, scope, the further processing, and use of the data by Pinterest as well as your associated rights and options for protecting your privacy, please refer to the Pinterest’s privacy notice at: https://policy.pinterest.com/de/privacy-policy.
bb) The legal basis for our use of the Pinterest Pin It Button as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
e) Use of the LinkedIn Share Button
aa) The LinkedIn Share button is also installed on our website. LinkedIn is provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter referred to as “LinkedIn”). You can recognize LikedIn plugins by the LinkedIn logo or the “Recommend” button on our website. Whenever your visit our website, LinkedIn’s social plugin creates a direct connection between your browser and the LinkedIn server. In this way, LinkedIn receives information that you visited our website and your IP address during the visit. If you are logged in to LinkedIn, you can link the content of our website to our LinkedIn profile by clicking the LinkedIn “Recommend” button on our website. The details on data collection and the further processing of the data as well as your rights and setting options for protecting your privacy, are provided in LinkedIn’s privacy notices. These notices are available at the following link: http://www.linkedin.com/legal/privacy-policy. Please be aware that we have no influence on how exactly LinkedIn uses the data.
bb) The legal basis for our use of the LinkedIn Share Button as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
f) Use of the StumbleUpon Button
aa) The StumbleUpon button is also installed on our website. The online service StumbleUpon is provided by StumbleUpon, Inc., Delaware, United States, Postal address: 660 4th Street, #558, San Francisco, CA 94107, USA. Whenever you visit our website, your browser creates a direct connection with the StumbleUpon servers. If you do not want any data to be sent from your computer to StumbleUpon, do not click on the StumbleUpon button. If you are using StumbleUpon and are interested in knowing how StumbleUpon uses your data, please carefully read StumbleUpon’s privacy statement, which is available at the following link: http://www.stumbleupon.com/privacy.
bb) The legal basis for our use of the StumbleUpon Button as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
g) Use of the reddit Button
aa) Our website also uses the plugins of the social network reddit. This online service is operated by reddit Inc., 520 Third Street, Suite 305, San Francisco, CA 94107, USA. The reddit plugins are accessed through the “Share” option. If you click on the reddit button while you are logged in to your reddit account, you can link the contents of our websites on your reddit profile. In this way, reddit can match your visit to our website to your user account. Please be aware that we, as the providers of our website, have no information on which data are transmitted to reddit and how the data will be used. For more details on the use of the data by reddit, please refer to reddit’s privacy statement at http://www.reddit.com/help/privacypolicy.
bb) The legal basis for our use of the reddit Button as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
h) Use of the Flipboard Button
aa) Our website also uses the plugins of the online service Flipboard. This online service is operated by Flipboard, Inc., 735 Emerson St., Palo Alto, CA 94301, USA. By clicking on the Flipboard button on our website, you can share our website with your personal Flipboard account. You need to be logged in to Flipboard to do so. In this way, Flipboard can match your visit to our webpages to your user account. Please be aware that we, as the providers of our website, have no information on which data are transmitted to Flipboard and how the data will be used. For more details on the use of the data by Flipboard, please go to Flipboard’s privacy statement at https://de-de.about.flipboard.com/privacy/.
bb) The legal basis for our use of the Flipboard Button as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
i) Use of Tumblr
For more details on the use of the data by Tumblr, please refer to Tumblr’s privacy statement at https://www.tumblr.com/privacy/en_eu.
bb) The legal basis for our use of Tumblr as mentioned under a) is Art. 6 (1) f) GDPR (processing is necessary for the purposes of our legitimate interests).
18. OUR NEWSLETTER
If you subscribe to our newsletter or have already subscribed to it, we process your personal data to send you information about our offers or news by e-mail.
By signing up for our newsletter, you give us permission to send you our newsletter. You can revoke this consent at any time and without stating reasons with effect for the future. See Art. 7 (3) GDPR. The legality of the data processing up to the revocation remains unaffected in case of revocation.
The processing of your personal data takes place on the basis of your consent pursuant to Article 6 (1) a) GDPR.
In order to unsubscribe from our newsletter, it is sufficient to send a message to our responsible department (see above under 1.).
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