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Terms of Service

General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Applicable Law
  9. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions of the company Friederike Quast (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.3 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 In case of an order via the Seller’s online order form, the text of the contract is stored and sent to the Client in text form (e.g. e-mail, fax or letter) after the posting of his order in addition to the available General Terms and Conditions. However, the text of the contract can no longer be retrieved via the Seller’s website, after the Client has submitted his order.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract

4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 Deviating hereof, for consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client. The shortening of the limitation period does not apply,

  • for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness,
  • for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
  • for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
  • if the Seller has fraudulently concealed the defect.

7.3 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

9) Alternative dispute resolution

9.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

9.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Privacy and Data Protection

We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us. Therefore, please take note of the following information:

1) Basic Information about handling personal data

You may visit our website without your having to release any personal data. For each access to our website usage data will be transmitted by the respective internet browser and are stored in log files, the so called server log files such as date and time of the call, name of the accessed page, data volume transferred and the name of the inquiring provider. Those data cannot be attributed to a particular person and are exclusively intended to ensure a smooth operation of our website and to improve our offer.

Personal data are only collected if you voluntarily disclose such data to us for the purpose of concluding a contract or opening a customer account. It is evident from the respective input form which data are collected. Closing your customer account shall be possible at any time and may be effected through a message to the contact address described below. We store and use the data you disclose to us for the purpose of contract processing. Upon complete fulfilment of the contract or closing of your customer account, your data will be blocked with care for tax and commercial retention periods and will be deleted upon expiry of those periods, unless you have explicitly consented to the further use of your data or we reserve the right to use your data permitted by law. Hereinafter we inform you accordingly about such a reservation.

When contacting us (for example via contact form or e-mail) personal data will be collected. It is evident from the respective input form which data are collected. Those data will be stored and processed exclusively for the purpose of responding to your enquiry or of getting in contact with you and for the connected technical administration. Your data will be deleted after final processing of your inquiry, if you so desire, provided that legal retention periods will not be barred by a deletion.

Furthermore, personal data will be collected, if you register with our e-mail newsletter. Those data will be used for advertising purposes in the form of an e-mail newsletter, if you agree in this expressly as follows:

“Thank you for subscribing! Check your e-mail for the confirmation”

You can cancel the newsletter at any time by clicking on the link provided in the newsletter or by a corresponding message addressed to us. After cancelation your e-mail address will be immediately deleted in our newsletter mailing list.

The dispatch of newsletters takes place via the service provider The Rocket Science Group, LLC d/b/a MailChimp, 512 Means St., Suite 404 Atlanta, Georgia- 30318, USA (http://www.mailchimp.com/), the company to which we pass on your personal data for the purpose of transmitting newsletters. Please note, that normally your personal data will be transmitted to a MailChimp server in the USA and stored there. We have concluded a data processing contract with MailChimp to protect your data on the basis of EU commission standard contractual clauses in order to enable the transmission of your personal data to Mail Chimp. This data processing contract can be seen at the following internet address, if interested: http://mailchimp.com/legal/forms/data-processing-agreement/. You may object to the storage and use of your personal data at any time with effect for the future. To this end, please contact us via the e-mail address mentioned in the legal notice.

2) Transfer of personal data for the purpose of order handling

2.1 For the purpose of contract fulfillment, personal data collected by us are transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods. For the processing of payments we pass on your payment data to the authorized banking institution.

2.2 If paying per PayPal, credit card via PayPal, direct debit per PayPal or, if offered, purchasing on account via PayPal, we transfer your payment data to PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) for the purpose of payment processing. PayPal reserves itself the exclusion of certain payment methods such as credit card via PayPal, direct debit per PayPal or, if offered, purchasing on account, after the result of a credit investigation. PayPal uses the result of the credit check with regard to the statistical probability of failure for the purpose of deciding whether to offer the corresponding payment method. The credit check may contain probability values (so called score values). Insofar as score values are included in the credit report, they are based on scientifically recognized, mathematical-statistical procedures. Among other data, address data are taken into account when calculating the score values. For further information on our privacy policy and the use of credit agencies, please refer to the PayPal data protection information: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.

3) Cookies

Among other things this website uses so-called “cookies” serving to make our Internet presence more user-friendly, effective and secure – for instance to accelerate navigation on our platform. Furthermore, cookies allow us to measure the frequency of website visits as well as general navigation. Cookies are small text files stored on your computer system. Please note that some of these cookies are transferred from our server to your computer system, mostly so-called “session cookies”. “Session cookies” are characterized by being automatically deleted from your hard drive upon the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called permanent cookies). You may certainly decline these cookies at any time provided your browser permits this. Please note that once your browser is set to decline cookies (from our website) certain features of this website may not be available or restricted.

4) Use of Google AdWords Conversion-Tracking

This website utilizes the online advertising program “Google AdWords” and the conversion tracking within the framework of Google AdWords. The conversion-tracking cookie is set on the user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files, which the internet browser places on your browser. These cookies lose their validity after 30 days .They are not used to acquire personal identification data. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to tell that the user clicked on the ad and was forwarded to this page. Each Google AdWords client gets a different cookie. Thus, cookies cannot be tracked via the website of AdWords clients. The information collected by the conversion cookies are used to provide aggregate conversion statistics to AdWord clients who have opted-in for conversion tracking. Clients are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by easily deactivating the google conversion-tracking cookie via your internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. Further information concerning Google data privacy can be found at http://www.google.co.uk/intl/en-GB/policies/privacy/

5) Social Plugins

5.1 We have incorporated so-called social plugins (plugins) of the bookmarking service AddThis into our website which is operated by AddThis LLC, Inc. 8000 Westpark Drive, Suite 625, McLean, VA 2210, USA (“AddThis”). The plugins are mostly labeled with the AddThis logo, for example in the form of a white plus sign on orange background. A list and the appearance of thes AddThis plugins may be viewed at: https://www.addthis.com/get/sharing.

When you access a page from our website that includes such a plugin, your browser sets up a direct link to AddThis servers. The content of the plugins is directly passed by AddThis to your browser and integrated into the website. By integrating the plugin, AddThis receives the information that your browser has accessed the respective page of our website and sets a cookie on your computer for the purpose of identifying your browser. This information (including your IP address) will be sent directly from your browser to a server from AddThis in the United States and stored there. AddThis uses those data for the purpose of creating user profiles in an anonymized form serving as a basis for a customized and interest-related advertising regarding the visitors to websites which include AddThis plugins.

To learn more about the purpose and extent of processing and use of data, please read AddThis’ privacy policy: http://www.addthis.com/privacy/privacy-policy

You can completely disable the downloading of AddThis plugins with add-ons, such as the script blocker “NoScript” (http://noscript.net/).

5.2 We have incorporated so-called plugins of the social network facebook.com (hereinafter “Facebook”) into our website. Facebook is a company of the Facebook Inc., California Ave, Palo Alto, CA 94304, United States. A list and the appearance of these Facebook plugins may be viewed at the following Internet address: http://developers.facebook.com/docs/plugins

During each visit of a webpage of our online presence that is equipped with such a plugin, the plugin causes the browser used by you to download the visual presentation of the plugin from the Facebook server and to display it. By integrating the plugin, Facebook receives the information that your browser has visited the respective webpage of our website even if you do not have a Facebook user account or are not currently logged into Facebook. This information (including your IP address) will be sent directly from your browser to a server from Facebook in the United States and stored there.

If you are a member of Facebook, and while visiting our website are logged into Facebook, Facebook due to information sent by the plugin recognizes which particular webpage of our website you are currently visiting and assigns this to your personal Facebook user account regardless of whether you activate one of the plugins. Should you then activate one of the plugins, for example by clicking the “I like” button or by submitting a comment, this will be sent to your personal user account with Facebook and stored there. To prevent Facebook from assigning collected data to your user account on Facebook, you have to log out from Facebook before visiting our website. To block Facebook plugins from collecting and transferring your visitor data in the future you may obtain a Browser Add On by “Facebook Blocker” for several Internet browsers at the following link; please do not delete the Browser Add On for as long as you wish to block Facebook plugins: http://webgraph.com/resources/facebookblocker/

At the following Internet address you can find Facebook’s privacy policy with further information on the collection and use of data by Facebook, your relevant rights as well as on settings for the protection of your privacy:
http://www.facebook.com/policy.php

5.3 We have incorporated so-called plugins (“plugins”) of the Facebook social network into our website which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“). A list and the appearance of these Facebook plugins may be viewed at: https://developers.facebook.com/docs/plugins.

The plugins are embedded into the web page by means of „2-klick “or „Shariff“ solutions in order to increase the protection of your data when visiting our website. This embedding ensures that no connection with Facebook servers will be established when calling up a page of our web presence containing those plugins. Only once you activate the plugins and thereby give your consent to the data transmission, your browser will establish a direction connection with the Facebook servers. The content of the respective plugins will be directly transmitted to your browser and will be embedded into the web page. The plugin then transmits data (including your IP-address) to Facebook. We have no influence on the amount of data Facebook collects by means of plugins. To our knowledge, Facebook in any case is informed about which of our pages you have called up or you are calling up currently. By embedding plugins Facebook receives information on your browser having called up the respective web page of our web presence, even if you do not have a Facebook profile or if you are not logged into Facebook currently. This information (including your IP address) will be directly transmitted by your browser to a Facebook server in the USA and stored there. If you interact with the plugins, for example, if you activate the “Like” button, the respective information will be directly transmitted to a Facebook server and stored there, as well. Furthermore, this information will be published on Facebook and signaled to your contacts.

The purpose and the extent of data collection and the further processing and use of data by Facebook, your rights and setting options to protect your privacy can be found in Facebook’s privacy policy at: http://www.facebook.com/policy.php.

If you are a member of the Facebook social network and if you want to limit the collection of data via our web pages and the integration of your user data with your data stored by the Facebook social network, you should log out from Facebook prior to visiting our website. You can completely prevent the downloading of Facebook plugins by using add-ons for your browser in the future, for example by using the script blocker “NoScript” (http://noscript.net/).

5.4 On our webpage we use the “+1” Button of the social network Google+ (Google Plus) of the Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043 United States, (hereinafter “Google”).

During each visit of a webpage of our website that is equipped with a “+1” button, the “+1” button causes the browser used by you to download the visual presentation of the “+1” button from the Google server and to display it. By doing so, the Google server receives the information which particular webpage of our website you are currently visiting. When displaying a “+1” button, Google records your browsing history for a period of up to two weeks for system maintenance and troubleshooting purposes. Further evaluation of your visit of a website of our website with a “+1” button does not take place.

Should you activate the “+1” button while being logged into Google+ (Google Plus), then Google by using your Google profile records information on the URL recommended by you, your IP address and other browser related information so that your “+1” recommendation can be stored and made publicly accessible. Your “+1” recommendation may be displayed as reference together with your profile name and your photo in Google services such as search results or your Google profile (as “+1” tab in your Google profile) or in other places on websites and adverts on the Internet.

At the following Internet address you will find the privacy policy of Google regarding the “+1” button with further information on collection, transfer and use of data by Google, your relevant rights as well as your options for profile setting:
https://developers.google.com/+/web/buttons-policy

5.5 On our website so called social plug-ins („plugins”) of the online service Instagram are applied which are operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA („Instagram“). The plugins can be recognized by the Instagram logo, for example in form of an Instagram camera. A list of Instagram plugins and their look can be found under: http://blog.instagram.com/post/36222022872/introducing-instagram-badges.

If you request a page of our website, which contains such a plugin, your browser will build up a direct connection to the servers of Instagram. The content of the plugin will be directly transmitted from Instagram to your browser and integrated into the page of the website. By integrating the plugin, Instagram obtains the information that your browser has accessed on the corresponding page of our website, even if you do not have an Instagram profile or if you are not logged into Instagram. This information (including your IP address) will be directly transferred to and stored on a server operated by Instagram in the USA.

If you are logged in with Instagram, it will be able to assign your visit of our website to your Instagram account. If you interact with the plugins, such as pressing the Instagram camera button, the corresponding information will be sent directly to a server of Instagram and be stored there. The information is also posted on your Instagram account and can be seen by your contacts.

For information on the purpose and extent of data capture and the further processing and use of data by Instagram, as well as your rights in this regard and turn-off options for the protection of your personal privacy, please refer to the Instagram data protection information: https://help.instagram.com/155833707900388/.

If you do not want Instagram to collect data about you via our internet website and to link this directly with your data stored on your Instagram account, you need to log off from Instagram before going to our website. You can completely prevent the loading of Instagram plugins on your browser by add-ons such as the script blocker “NoScript” (http:// noscript.net/).

5.6 On our website so called social plug-ins (“plugins” of the social network Pinterest are applied, which are operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest” The plug-ins can be recognized by the button “Pin-it” on our website.

If you request a page of our website, which contains such a plug-in, your browser will build up a direct connection to the servers of Google. The content of the plug-in will be directly transmitted from Pinterest to your browser, which will integrate it into the website. By integrating the plug-in, Pinterest obtains the information that your browser has accessed on the corresponding page of our website, even if you do not have a Pinterest account or if you are not logged into Pinterest currently. This information (including your IP address) is transferred to and stored on a server operated by Pinterest in the USA.

If you are logged in with Pinterest, it will be able to assign your visit of our website to your Pinterest account. If you interact with the plug-ins, such as pressing the “Pin-it” button, the corresponding information is sent directly to Pinterest and will be stored there. The information is also posted on Pinterest and can be seen by your contacts.
For information on the purpose and extent of data capture and the further processing and use of data by Pinterest, as well as your rights in this regard and turn-off options for the protection of your personal privacy, please refer to the Google data protection information: http://about.pinterest.com/de/privacy-policy

If you do not want Pinterest to collect data about you via our internet website and to link this with your data stored on Pinterest, you need to log off from Pinterest before going to our website.

6) Youtube-Videos

This website uses the Youtube embedding functions for display and playback of videos offered by “Youtube”. To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback functon of the video is started. When the playback function of embedded Youtube videos is started, the provider sets “Youtube” cookies in order to collect information on users. According to indications from “Youtube”, the use of those cookies is intended to record video statistics, to improve user-friendliness and to avoid improper actions. Regardless of whether the embedded video is played back, a connection to the Google network “double click” is established when visiting this website. This may trigger further data processing beyound our control.

Further information on “YouTube” data protection can be found in the provider’s data protection statement at: http://www.google.co.uk/intl/en-GB/policies/privacy/

7) Information on Customer Rights and Contacts

You are entitled to obtain information on your saved data free of charge and on how to correct, block or delete this data where applicable. Please contact us with any further inquiries about the collection, processing or use of your personal data. The same shall apply for obtaining information, your requests to block, delete or correct your personal data as well as for withdrawals of granted consents. You can find our contact address in our legal notice.

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