General Terms and Conditions and Consumer Information pertaining to purchase contracts concluded via the online shop between Paul von Alpen GmbH – hereinafter referred to as “User” – and the customer – hereinafter referred to as the “Ordering Party”.
1. Scope of application
1.1. All our deliveries and services to the Ordering Party, in the future as well, in particular on the basis of oral orders, shall comply exclusively with our General Terms and Conditions (GTC) specified below in the version applying at the time of the order, without the necessity of making express reference to them again. Our GTC shall be regarded as accepted on receipt of our goods at the latest.
1.2. Any differing terms of purchase of the Ordering Party are hereby contradicted. Such terms shall become part of the contract only via written approval. In the case of noncompliance of these GTC with the terms of purchase of the Ordering Party, these General Terms and Conditions shall exclusively apply, i.e. even if we have knowledge of conflicting or differing GTC of the Ordering Party and unreservedly make a delivery.
2. Offer, conclusion of contract, contract provisions
2.1. Our offers shall be fundamentally subject to change and nonbinding, unless the order confirmation specifies otherwise or we have expressly stated otherwise in writing. A contract shall not come into effect until the order confirmation has been sent to the Ordering Party (as a rule, via e-mail).
2.2. The order submitted by the Ordering Party is binding no matter whether it has been submitted via e-mail, Internet, telephone or another form of order through the online shop. If the order is submitted via the Internet, sending of the order is binding.
2.3. Oral commitments, ancillary agreements, subsequent changes or other written additions to tenders to contract by the Ordering Party require our express written confirmation, otherwise they shall not apply. The Ordering Party shall bear any additional costs incurred as a result of this.
2.4. With regard to illustrations, brochures or designs, we refer to our property rights and/or copyrights.
3. Right of cancellation for consumers
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly connected neither with commercial nor professional self-employed activities.
Right of cancellation
You have the right to cancel this contract without stating reasons within fourteen days. The cancellation period is fourteen days from the date on which you or a third party designated by you who is not the carrier has taken possession of the goods. To exercise your right of cancellation, you have to inform us
Paul v. Alpen *1886
Fax: +49 421 4 30 77 12
about your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, a fax or an e-mail). You can use the sample cancellation form for this purpose, but that is not required. You can fill out the sample cancellation form on our website (www.paulvonalpen.de) electronically or send another unambiguous declaration via e-mail. If you make use of this option, we will immediately send you (e.g. via e-mail) confirmation of receipt of such a cancellation. To comply with the cancellation period, it is sufficient for you to send the notice of exercising your right of cancellation prior to expiration of the cancellation period.
Consequences of cancellation
If you cancel this contract, we have to reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting because you chose another type of delivery from the inexpensive standard delivery offered by us), immediately, at the latest fourteen days from the date on which we received the notice of your cancellation of this contract. For this reimbursement we use the same means of payment that you used for the original transaction, unless another mode of payment was expressly agreed upon with you. Under no circumstances will you be charged anything for this reimbursement. We can refuse reimbursement until the goods have been returned to us or you have provided proof that you have sent back the goods, depending on which comes earlier. You have to send back or hand over to us the goods immediately, in any case within fourteen days from the date on which you notify us of the cancellation of this contract at the latest. If you have sent the goods prior to expiration of the fourteen-day period, this shall constitute compliance with the period. You have to pay for any loss in value of the goods only if this loss in value is attributable to handling of the goods that was not necessary in order to examine the quality, properties and functioning of the goods.
4.1. As a rule, we send the goods within two working days from receipt of payment.
4.2. Delivery periods and delivery dates are only approximate and have no contractual effect at all, unless we have agreed upon this expressly as binding in writing. Failure to comply with the delivery periods and delivery dates does not automatically mean we are in delay of delivery.
4.3. If the Ordering Party grants us an appropriate extended deadline in the case of failure of performance, the former shall have the right to rescind the contract if he/she does not receive the goods after expiration of this extended deadline. We cannot grant claims for damages on this basis.
4.4. The choice of the means of transportation and the transport route shall be according to our discretion. We will cover the delivery with transport insurance only at the express written request of the Ordering Party and the latter will bear the related costs.
4.5. In the event of default of acceptance or violation of any other duties to cooperate on the part of the Ordering Party, we can demand compensation for the damages incurred by us, including the additional expenses. If the Ordering Party is responsible for default of acceptance, he/she shall bear the risk of accidental destruction or accidental deterioration of the purchased item.
5. Defects, notices of defects and warranty
5.1. Immediately after receipt the Ordering Party has to examine the goods for defects with the care that can reasonably be expected under the circumstances and report defects in writing as detailed as possible within 7 working days. Notices of latent defects shall be submitted in writing immediately after they have been discovered. Sending the notice of defects shall suffice to comply with the prescribed deadline. If the buyer does not give us the opportunity to check the defects immediately after receipt of the notice of defects, any warranty claims shall no longer apply.
5.2. Textiles have to be checked for defects by the Ordering Party before they are washed or cleaned. If unsuitable cleaning agents and care products or methods are used, any warranty claims shall no longer apply. Claims for defects, including claims for damages on the part of the Ordering Party are excluded if the latter does not comply with our or commonly known specifications regarding use, such as instructions on care, as well as our instructions regarding application or the generally recognized codes of practice in connection with use or storage of our products, and the damage is due to this. Our maintenance and care instructions must always be observed and followed.
5.3. On receipt the Ordering Party has to make sure the package and its contents are undamaged. Damaged or opened packages must not be accepted because acceptance constitutes tacit confirmation of flawless delivery. In this case it is no longer possible to obtain compensation. If applicable, externally damaged packages should be opened in the presence of the postman/postwoman; in the case of damage to the contents, acceptance must be refused and the name of the postman/postwoman noted.
5.4. Slight deviations in quality, colour, width and usability of the equipment or design or such deviations in line with standard commercial practice do not constitute the basis for claims for defects and may not be subject to complaint. We guarantee that our articles have no significant defects. We assume no warranty or liability for normal wear and tear and for defects caused by improper use.
5.5. On the basis of defective partial deliveries, it is not possible to derive rights pertaining to other partial deliveries.
5.6. We expressly point out to Ordering Parties that our employees are not authorized to receive and accept complaints by telephone and complaints by telephone are insufficient.
5.7. If there is a defect for which we are responsible and notice has properly been given, we are entitled to choose between elimination of the defect free of charge or replacement via subsequent delivery. Before the Ordering Party can assert further rights or claims (rescission, reduction, compensation for damages or reimbursement of expenses), we shall first have the opportunity of subsequent performance. If the subsequent performance fails despite a second attempt, if it is impossible, if it is unreasonable for the Ordering Party, or we refuse subsequent performance, the Ordering Party can withdraw from the contract or reduce the payment (reduction).
6. Liability, compensation for damages
6.1. We shall be liable only for damage caused wilfully or with gross negligence by us, our legal representatives or their vicarious agents. This restriction of liability shall apply to contractual as well as non-contractual claims.
6.2. In the case of ordinary negligence, we shall be liable only if a major contractual obligation (principal obligation) is violated or in the event of default or delay. In the case of liability due to ordinary negligence, this liability shall be limited to damage that is foreseeable and/or typical. The restriction of liability shall also apply the case of initial inability on our part.
6.3. To the extent that our liability is excluded or restricted, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
6.4. In the case of consequential defect damage due to delivery of defective goods, we shall be liable only to the extent that the damage is attributable to our at least negligent and significant violation of an obligation. Likewise, we shall not be liable for lost profits or for other property damage of the Ordering Party.
6.5. If our liability for damages is excluded or restricted, this shall also apply to all claims because of negligence in contracting, violation of obligations and ancillary duties based on and in connection with the contractual obligation, an unlawful act and, in particular, for claims based on the producer’s liability in accordance with Section 823 BGB (German Civil Code). Exclusions of liability or liability restrictions shall not apply if personal damage occurs or the Ordering Party asserts claims based on Sections 1, 4 of the Product Liability Act.
6.6. Warranty claims are not transferable.
7.1. Our prices include the respective currently applicable statutory value added tax ex warehouse and costs such as for packaging and shipment. In the case of shipment abroad, we charge a flat shipment rate of currently EUR 10.00. Customs duties will be charged separately.
7.2. When our website is updated, earlier prices may be replaced. The version valid at the time of the order shall apply. Thus, the list prices at the time of the order apply as they are shown on the website.
7.3. Our prices relate to the article shown in each case according to the description, but not to the contents, accessories and decoration.
8. Due date and payment
8.1. The purchase price is due on closing of the contract, i.e. receipt of the order confirmation. The Ordering Party can pay the purchase price via bank transfer (advance payment) or via PayPal (including credit cards).
8.1.1. Payment via bank transfer
After submission of the order the Ordering Party receives an e-mail with the bank details of the account to which he/she transfers the purchase price plus flat shipment rate via advance payment. The amount shall be transferred to the following account, while indicating the name of the Ordering Party and the order number sent to him/her:
IBAN: DE64 2905 0101 0017 0239 38
The goods ordered will be shipped after receipt of the full amount on the above mentioned account.
8.1.1. Payment by credit card
In the case of payment by credit card, the Ordering Party (minimum age: 18) indicates his/her credit card details (only his/her own details are permissible) in the order. When the order is sent, the Ordering Party agrees to the credit card direct debit procedure. The credit card procedure is only possible after positive credit check. The goods are therefore not shipped until after a successful check and thus possibly not until after 4 days. In the event of dishonoured credit card direct debit, a processing fee of at least EUR 7.50 and up to EUR 50.00 (depending on effort, expense and bank fees) shall be due. This applies even if dishonouring of the direct debit is based on entry of incorrect data by the Ordering Party.
8.2. Any set-off with counterclaims shall only be permissible if we recognize this as applicable and due in writing or this has been legally established. A right of retention on the part of the Ordering Party shall apply to the same contractual relationship only to a restricted degree.
8.3. In the case of default in payment on the part of the Ordering Party, we can charge an additional fee of EUR 3.50 for each reminder. In the event of default in payment, the Ordering Party shall agree to reimburse all costs, expenses and cash outlays incurred by us due to pursuance of our justified claims. This includes all out-of-court costs in accordance with standard rates for use of a debt collection agency or a lawyer.
8.4. In the event complaints regarding the articles shipped, we shall transfer the payments made by the Ordering Party back to the latter only after consultation with the latter. The Ordering Party will not reverse payment of the amounts paid by him/her without such a consultation. If reversal of payment occurs because of an objection without prior consultation, the Ordering Party shall be required to assume the resulting fees.
9. Reservation of proprietary rights
9.1. All goods supplied by us remain our property (goods subject to retention of title) until all outstanding or future claims from the business relationship have been met, even if payments are made for specially designated claims.
9.2. The Ordering Party shall be required to collaborate in the measures we take to protect our property or to protect the right to the goods taking its place.
10. Data protection
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
10.1. General information and mandatory information
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
Paul v. Alpen *1886
Telephone: +49 421 430 45 941
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Encrypted payments on this website
If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.
Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon in your browser line is visible.
In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
10.2. Data collection on our website
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Registration on this website
You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.
To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.
We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.
Processing of data (customer and contract data)
We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
Data transmitted when entering into a contract with online shops, retailers, and mail order
We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
10.3. Analytics and advertising
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objecting to the collection of data
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic data collection by Google Analytics
This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.
10.4. Payment service providers
Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.
If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
11. Place of performance, applicable law, place of jurisdiction
11.1. Unless specified otherwise in the order confirmation, the place of performance for all contractual obligations between the parties is Bremen.
11.2. Exclusively German law shall apply. For purchase contracts with foreign Ordering Parties we reserve the right to appeal to the court of domicile or court of jurisdiction at the business headquarters of the foreign Ordering Party and use the laws applying there as the basis.
11.3. The place of jurisdiction (also for lawsuits involving bills of exchange or checks) for disputes among businesspersons and for disputes with Ordering Parties who have no general court of jurisdiction in Germany or whose place of residence and habitual abode at the time of filing of the lawsuit are not known is Bremen. However, we have the right to sue a commercial Ordering Party also at the court of jurisdiction for the latter’s headquarters.
11.4. The European Commission provides a platform for on-line dispute resolution (OS Compilation website).
The platform can be found at http://ec.europa.eu/consumers/odr/
Our email address is info (at) paulvonalpen.de.
12.1. Any amendments and additions must always be in writing to obtain effect. This also applies to any rescission of this requirement of written form.
12.2. The legal relations between the parties are governed exclusively by German law. The United Nations Convention on Contracts for the International Sale of Goods (UNCITRAL/CISG) shall not apply, with the restriction that, in the case of purchase contracts with consumers, imperative consumer protection regulations in the country in which the consumer has his/her habitual residence shall remain applicable.
12.3. Should any of the provisions of this contract or of these General Terms and Conditions be or become ineffective, the effectiveness of the other provisions shall remain unaffected. The ineffective provisions shall be replaced by provisions that most closely approximate to the intention and economic purpose of the contract.
Status as of: Mai 2018