Article 1 – Area of Application and Definitions
(1) These General Terms and Conditions apply to all contracts concluded via our online shop between us, the company nachbarin gestaltung Eckert&Deschner GbR, represented by its Managing Directors Christina Eckert and Tanja Deschner, Pestalozzistrasse 39, 13187 Berlin, Germany; VAT ID no.: DE 1291753183; info@von-ERIKA.de; tel.: +49 30 58881344; fax: +49 30 4998 7468
- hereinafter referred to as "von ERIKA",
and you as our customer,
- hereinafter referred to as the "Customer".
(2) The version of these General Terms and Conditions that is valid at the time of your order shall apply exclusively to the business relationship between you and von ERIKA. Any terms and conditions deviating from these General Terms and Conditions will not be accepted unless explicitly approved by von ERIKA in writing.
(3) The Customer shall be classified as a consumer insofar as the purpose behind the products and services ordered by the Customer cannot be predominantly attributed to his/her commercial or independent professional activity. The term trader, on the other hand, applies to a natural or legal person or a partnership with legal capacity who/that exercises a commercial or independent professional activity when concluding the contract. These General Terms and Conditions shall apply irrespective of whether you are a consumer, trader or merchant.
Article 2 – Conclusion of Contract
(1) The presentation and advertisement of items in our online shop do not represent a binding offer for the conclusion of a sales contract.
(2) You can select products from the von ERIKA range and place them in a so-called "shopping basket" by clicking on the "Place in basket" button. By submitting an order via the online shop by clicking on the "Confirm purchase" button, you place a legally binding order. You are bound to your order for a duration of two (2) weeks after placement of your order. Where applicable, your right to cancel your order according to Article 3 shall remain unaffected by this period.
(3) We will confirm receipt of your order placed via our online shop immediately per e-mail. This e-mail shall not contain any binding acceptance of your order unless it contains notification of acceptance alongside confirmation of receipt.
(4) A contract will only be concluded once we have accepted your order by sending you notification of acceptance or by delivering the items ordered.
(5) If the delivery of your ordered goods is not possible, for example because the corresponding goods are not in stock, we will not send you notification of acceptance. In this case, a contract will not be concluded. We will immediately inform you of this and immediately refund any payments that have already been made.
(6) The contract shall be concluded in German.
Article 3 – Right of Cancellation
(1) When concluding a distance-selling transaction, consumers have a statutory right of cancellation. Details on this right of cancellation are provided by von ERIKA below in accordance with the statutory template. Section (2) contains a sample cancellation form.
Right of Cancellation
You have the right to cancel this contract without stating reasons within a period of fourteen days. The cancellation period shall last a total of fourteen days starting on the day on which you or a third party specified by you that is not the carrier of the goods, take/takes or took possession of the goods.
To exercise your right of cancellation, you must inform us, nachbarin gestaltung Eckert&Deschner GbR, Pestalozzistrasse 39, 13187 Berlin, Germany; info@von-ERIKA.de; tel.: +49 30 58881344, of your decision to cancel this contract by sending us clear notification of cancellation (e.g. a letter sent by post or an e-mail). You can use the sample cancellation form attached but are not required to do so.
The sending of your notice that you wish to exercise your right of cancellation before the expiry of the cancellation deadline shall suffice for the observation of the cancellation deadline. You must bear the direct costs incurred when returning goods. You must only pay for any possible loss in value of the goods if this depreciation can be traced back to handling of the goods that was not necessary in order to check the condition, properties and function of the goods.
(2) The provider hereby informs customers about the sample cancellation form in accordance with the statutory regulation as follows:
Sample Cancellation Form
(If you wish to cancel your order, please fill out this form and return it to us.)
— To: nachbarin gestaltung Eckert&Deschner GbR, Pestalozzistrasse 39, 13187 Berlin, Germany; info@von-ERIKA.de; fax: +49 30 4998 7468
— I/We (*) hereby cancel the contract that I/we (*) concluded on the purchase of the following goods / the performance of the following service (*):
— Ordered on / Received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only required on paper forms)
(*) Please delete as appropriate
Article 4 – Delivery and Availability of Goods
(1) Delivery times specified by von ERIKA are calculated from the point in time at which we confirm your order, provided that you have paid the purchase price. If you do not make your payment until after your order has been confirmed, the delivery time specified shall be calculated from the point in time at which we receive your payment. If no delivery time or no deviating delivery time is specified for goods in our online shop, the delivery time shall be 5 (working) days.
(2) If your selected product is not available when you place your order, von ERIKA will inform you of this immediately in the e-mail confirming your order. If the product is permanently unavailable, von ERIKA will not send you notification of acceptance and a contract will not be concluded.
(3) If the product selected by the Customer in his/her order is temporarily unavailable, von ERIKA will also inform you of this immediately in the e-mail confirming your order.
(4) von ERIKA is entitled to send partial deliveries insofar as this is reasonable for you as the Customer.
Article 5 – Reservation of Title
The delivered goods shall remain the property of the provider until full payment has been received.
Article 6 – Prices and Shipping Costs
(1) Prices specified on the von ERIKA website include the valid statutory value-added tax.
(2) Goods will be sent by post. von ERIKA shall bear the shipping risk when the Customer is a consumer.
(3) In the case of cancellation, you must bear the direct costs incurred when returning goods.
Article 7 – Payment Methods
(1) You can make payments by direct debit, credit card or PayPal. (2) Payment of the purchase price is due immediately when the contract is concluded. If the due date for payment is defined according to the calendar, you shall immediately be deemed to be in default of payment if you do not meet the payment deadline. In this case, you must pay von ERIKA interest on arrears amounting to 5 percent more than the basic interest rate.
(2) Your obligation to pay interest on arrears does not exclude von ERIKA from claiming further damages caused by default.
(3) You are not entitled to offset our claims against your own claims unless your counterclaims are legally substantiated or uncontested. You are also entitled to offset our claims if you assert claims based on notification of defects or counterclaims from the same sales contract.
(4) As a buyer, you are only allowed to exercise a right of retention if your counterclaim is based on the same sales contract.
Article 8 – Warranty for Material Defects and Guarantee
(1) von ERIKA is liable for material defects in accordance with the valid statutory regulations, especially Articles 434 ff. of the German Civil Code (BGB). The warranty period for items delivered by the provider for companies is 12 months.
(2) An additional guarantee for the goods supplied by von ERIKA is only provided when expressly stated in the order confirmation for the item in question.
Article 9 – Liability
(1) Claims for damages made by the Customer are excluded. This does not apply to claims for damages made by the Customer resulting from injury to life, body or health or from the violation of significant contractual obligations (material obligations) and liability for other damages that are based on an intentional or grossly negligent violation of obligations by the provider, its legal representatives or its agents. The term significant contractual obligations refers to contractual obligations that need to be met in order to achieve the objective of the contract.
(2) In the case of violation of significant contractual obligations, von ERIKA shall only assume liability for foreseeable damages that are typical for the contract if these damages were caused as a result of simple negligence, unless the claims for damages made by the Customer result from injury to life, body or health.
(3) The limitations of sections 1 and 2 shall also apply in favour of the legal representatives and agents of von ERIKA if claims are asserted directly against these representatives and agents.
(4) The regulations of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
Article 10 – Copyrights
von ERIKA holds the copyrights to all images, films and texts published in our online shop. The use of these images, films and texts is not permitted without our express consent.
Article 11 – Information on Data Processing
(1) von ERIKA will collect data from you within the framework of the implementation of contracts. When doing so, von ERIKA will observe the regulations of the German Federal Data Protection Act (BDSG) and the German Telecommunications and Media Services Act (TMG). von ERIKA will only collect, process or use data concerning your basic information or usage of the website without your consent insofar as this is required for the implementation of the contractual relationship and for the use and billing of telecommunications and media services.
(2) von ERIKA will not use your data for advertising, market research or opinion research purposes without your consent.
(3) You can access, amend or delete your saved details at any time by clicking on the " My account" button in your profile.
Article 12 – Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you have submitted your order as a consumer and your normal place of residence is located in a country outside of Germany when you place your order, the implementation of mandatory statutory regulations of this country shall not be affected by the choice of law specified in sentence 1.
(2) If you are a merchant and are based in Germany when you place your order, the registered office of the seller in Berlin shall be the sole place of jurisdiction. Furthermore, the applicable statutory provisions shall apply for the local and international jurisdiction.
I. Information on the Collection of Personal Data and Identification of the Service Provider
(1) Provision of the following information is mandatory in accordance with the German Telecommunications and Media Services Act (TMG) and the German Federal Data Protection Act (BDSG). We hereby inform you about the collection of your personal data when you use this website. Personal data are all data that relate to you and your identity, for example your name, address, e-mail addresses and usage behaviour.
(2) The service provider in accordance with Article 13 TMG and responsible party in accordance with Article 3 section 7 BDSG is the company nachbarin gestaltung Eckert&Deschner GbR, represented by its Managing Directors Christina Eckert and Tanja Deschner, Pestalozzistrasse 39, 13187 Berlin, Germany. Please refer to our Legal Notice for more information.
II. Right to Information and Cancellation Right
(1) You have the right to request information from us with regard to the data that we have stored about you and with regard to the origin of these data, the recipients or categories of recipients to whom these data are disclosed and the purpose of their storage.
(2) If you have consented to the use of your data, you can withdraw this consent at any time.
(3) If you would like to request information on, make enquiries about or object to our data processing activities, please contact us by writing an e-mail to info@von-ERIKA.de or by writing to the address specified in section I.
III. Data Security
We use up-to-date technical measures to guarantee the security of data, especially in order to protect your personal data against risks in the case of data transfers and against being disclosed to or accessed by third parties. These measures are adapted in accordance with the current state of the art in terms of technology.
IV. Collection of Personal Data in the Case of Informational Use
(1) When you use the website solely for in the relational purposes, namely when you do not sign up, register or provide us with information in order to use the website, we will not collect any personal data with the exception of data that your browser transmits in order to enable you to visit the website. These data are:
• your IP address
• the time and date of your request
• the time-zone difference to Greenwich Mean Time (GMT)
• the content of your request (the concrete web page requested)
• your access status/HTTP status code
• the data volume transmitted
• the website from which the request stems
• your browser
• your operating system and its user interface
• the language and version of your browser software
(2) Cookies are also stored on your computer when you use the website. Cookies are small text files that are stored on your hard drive and allocated to the browser that you are using. The party responsible for storing the cookie (in this case von ERIKA) uses it to access specific information. Cookies are unable to run any programs or transmit viruses to your computer. They are used to make the website more user friendly and efficient on the whole.
• Transient cookies (temporary use)
• Persistent cookies (can be used for a limited length of time)
• [Third-party cookies (from third-party providers)]
• [Flash cookies (permanent use)]
b) Transient cookies are automatically deleted when you close your browser. Session cookies are a particularly common example of transient cookies. These store a so-called session ID that enables the different requests made by your browser to be allocated to the shared session. They enable your computer to be recognised when you return to the website. The session cookies are deleted when you log off or close your browser.
c) Persistent cookies are automatically deleted after a specific length of time, which can vary according to the cookie in question. You can use the security settings of your browser to delete these cookies at any time.
d) You can configure your browser settings according to your wishes, for example by accepting third-party cookies or rejecting all cookies. We would, however, like to draw your attention to the fact that doing so may prevent you from being able to use all functions of this website.
[e) The Flash cookies used by the website are not recorded by your browser but by your Flash plug-in. These cookies store the required data independent of the browser used and do not have an automatic expiry date. If you do not want Flash cookies to be used on your computer, you will need to install a corresponding add-on, for example "Better Privacy" for Mozilla (https://addons.mozilla.org/en-GB/firefox/addon/betterprivacy/) or Adobe Flash Killer Cookie for Google Chrome.]
[(3) This saved information is stored separately from any other data submitted to our website. The cookie data are in particular not linked to any of your other personal data.]
V. Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are saved on your computer and enable the analysis of your use of the website. The information generated by the cookie about your use of this website is normally transmitted to and stored at a Google server in the USA. If the anonymisation function for IP addresses is activated on this website, Google will, however, abbreviate your IP address before transmitting this information within member states of the European Union or in other contractual states of the Agreement on the European Economic Area. Your full IP address will only be transmitted to a Google server in the USA and abbreviated on this server in exceptional cases. Google will use this information to evaluate your use of this website in order to produce reports on website activity for the operator of this website and to provide the operator of this website with further services connected to the use of the website and the Internet.
(2) The IP address transmitted from your browser within the scope of Google Analytics will not be combined with other Google data.
(3) You can prevent the storage of cookies by using the corresponding setting of your browser software. Please note, however, that doing so may prevent you from being able to fully use all functions of this website.
(4) You can also prevent the collection of the data generated by the cookie with regard to your use of the website (including your IP address) for Google and the processing of these data by Google by downloading and installing the browser plug-in available via the following link (http://tools.google.com/dlpage/gaoptout?hl=en).
(5) This website uses Google Analytics with the extension “_anonymizeIp()“. This extension shortens IP addresses for further processing in order to exclude the possibility of direct identification of individual users.
VI. Use of the Functions of our Website
(1) Alongside use of our website as a pure source of information, we also offer a number of different services that you can use if interested. In order to use these services, you normally need to submit further personal data that we use to provide the service in question. If you have the option of providing additional voluntary data, these fields will be marked appropriately.
(2) If you contact the service provider by e-mail or via the contact form, von ERIKA will store your e-mail address and, if provided, your name and telephone number in order to answer your questions.
VII. Disclosure of Data to Third Parties
(1) We may disclose your personal data to third parties if we offer interactive promotions, competitions, bookings or conclusions of contract in cooperation with a third-party provider. In this case, you will be separately informed that your data will be disclosed to third parties before they are transferred.
(2) We partly use the services of external providers to process your data. We carefully select these providers and commission them in writing. They are bound to our instructions and checked by our company on a regular basis. The providers do not disclose these data to third parties. If these providers are based in the USA, we will inform you of this in connection with the functions in question. These data processing activities also comply with the valid legal situation.
VIII. Use of Our Webshop
(1) If you want to order an item from our webshop, you can choose whether you only want to enter the data required for your order for this particular order or want to set up a customer account in which your data will be saved for future purchases. If you do not set up a customer account, we will store your data for the purpose of execution of the contract and delete them as soon as we are no longer legally obliged to store them. Mandatory details required for the implementation of contracts are marked separately and the provision of further details is optional. When you set up an account under "My account", the data that you provide are stored but can be revoked at any time. You can delete your account in the customer area of the website at any time.
(2) We use the data that you provide for the processing of your order. To process your order, we pass on your address details to a commissioned shipping company and, where applicable, pass on your payment details to our main bank. We then delete these data once the contract has been executed and our obligations to retain data according to fiscal and business law have expired.
(3) The order process is encrypted using SSL technology in order to prevent unauthorised access to your personal data, especially financial data, by third parties.