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I. These general business terms and conditions apply for all business relationships between DENNIS DANIEL Clothing GmbH, legally represented by the managing director Dennis Daniel, Zobeltitzstr. 89A,13403 Berlin, (hereinafter referred to as “company”) and their customers in the respectively valid edition at the time of the contract conclusion. They also contain legally designated important customer information. Contradictory, deviating or amending general business terms and conditions from the customer, even upon acknowledgment, are not a component of the contract unless the company would have agreed completely or in regards to individual regulations with contradictory, deviating or amending general business terms and conditions from the customer.
II. Customers from the company in terms of these general terms and conditions include consumers and entrepreneurs. Entrepreneurs in terms of § 14 BGB are natural or legal persons or legal partnerships that act on their commercial or independent occupational activities upon conclusion of a legal transaction. Consumers in terms of § 13 BGB are any natural persons who conclude a legal transaction for a purpose that cannot primarily be attributed to commercial or independent occupational activities.
III. Customers in Germany and abroad receive deliveries.
I. All offers from the company are non-binding and noncommittal. A contract between the company and the customer only comes into being when the company accepts an offer from a customer. In the event of writing and calculating mistakes as well as mistakes on the internet site, the company reserves the right to not accept an order.
II. If a customer places an order on the internet site from the company online, the company will immediately confirm receipt of the order. This confirmation of receipt of the order does not yet represent an acceptance of the offer, but rather only informs the customer that the company has received their order.
III. By the customer sending an order to the company through the company website, the customer submits an offer to conclude a purchase contract with the contractor. The acceptance of the offer and the contract conclusion with the company occur through an explicit declaration of acceptance by email or by the delivery of the ordered merchandise to the customer. The company is entitled to accept the contract offer submitted with the order through the company’s website within 5 days after receipt of this offer by the company through an explicit declaration of acceptance or by delivery of the ordered merchandise.
I. The payment of the merchandise ordered by the customer is carried out either by PayPal, by credit card or through Apple Pay. The payments from the customer, provided nothing different is specified in the following, are due at latest within 14 days after conclusion of the contract. The customer’s account will be charged following the execution of the payment process.
a) Payment through PayPal: When paying through the PayPal payment service, the customer has the possibility to execute a payment from their PayPal account.
b) Payment by credit card When paying by credit card, the customer has the possibility to make a payment by credit card.
c) Payment through Apple Pay: When paying through the Apple Pay payment service, the customer has the possibility to execute a payment from their Apple Account account (ID).
II. The price specified during the illustration of the merchandise is a total price including any due value added tax (currently 19%) and other price components, but it does not include delivery costs.
I. In addition to the purchase price, the company bills the customer for the delivery costs. The delivery costs can be found on the company website. The customers will additionally be clearly informed of the delivery costs before submission of an order on the order site.
II. For merchandise deliveries in countries outside of Germany, import duties may be due for imports that must be paid for by the customer. The amount of the import duties varies in different customs regions. The customer is responsible for the proper processing of all required customs and fees.
If the customer does not pay despite a warning from the company that is sent after payment has been due, they will be in default through this warning. During the default, the customer must pay interest on their debt in an amount of 5% over the base interest rate.
I. The delivery is carried out to the delivery address specified by the customer within the scope of the order.
II. In the event of an order of multiple articles, the company is entitled to deliver the merchandise to the customer in multiple packages, provided this is reasonable for the customer. The company must bear the additional delivery costs that arise through this.
The delivery of the merchandise is carried out regularly two work days, in individual cases at latest 5 work days, after receipt of the payment from the customer with a payment by PayPal or with a payment by Apple Pay.
I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the merchandise is transferred to the buyer with the handover, in the event of a delivery purchase with the delivery of the merchandise to the carrier, the shipper or the people or institute otherwise responsible for the execution of the delivery.
II. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold objects also only goes to the buyer with the handover of the objects.
III. The handover shall be deemed to have taken place if the buyer is in default with the acceptance.
I. The delivered merchandise remains the property of the company until payment is complete.
II. In regards to customers who are entrepreneurs, the company retains ownership until the fulfilment of all claims that we are entitled to due to any legal reason from the business relationship with the buyer.
III. The customer is obligated to immediately notify the company of a seizure or a different impairment of reserved goods by third parties.
I. Consumers are entitled to the legal right of withdrawal. The company informs the customer, among other things, on their website about the existence or non-existence of a right of withdrawal as well as the terms, particularities of exercising, in particular the name and the address of the party receiving the withdrawal and the legal consequences of the withdrawal.
II. Any merchandise that consumers can receive by mail (including package services) due to their properties must be handed over to the company or returned immediately and in any case at latest within fourteen days after the day on which the consumer informed the company about the withdrawal from this contract. The period is complied with if consumers send the merchandise before the expiration of the period of fourteen days. Consumers bear the direct costs for the return of the merchandise.
III. The right of withdrawal exists corresponding to § 312g para. 2 No. 1 BGB in particular not for remote sales contracts for the delivery of merchandise that is not pre-made and for the manufacturing of which an individual selection or determination by the consumer is important or which is clearly customized to the personal needs of the consumer.
The customer’s warranty rights and the company’s liability are based on the legal regulations.
I. German law applies to the legal relationship between the customer and the company under exclusion of the UN Sales Law. If regulations from the state in which a customer, who is the consumer, has their normal residence, require protection for consumers that does not exist in German law, these regulations shall apply to the legal relationships between this customer and the company.
II. If the customer is a merchant, the sole jurisdiction for all disputes from this contract is Buende. The same applies if the customer does not have general jurisdiction in Germany or the residence or usual place of stay of the customer is not known at the time the claim is asserted.
III. If individual regulations from these general business terms and conditions are or become partially or completely ineffective, the validity of the remaining regulations is not affected by this.
IV. Contract agreements may be in German or English.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
TYPE OF DATA
LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To register you as a new customer
(a) Identity (b) Contact
Necessary for our legitimate interests (to conclude our contract with our customers and to provide access to our products under such contract)
To manage payments, fees and charges
a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications
Necessary for our legitimate interests (to conclude our contract with our customers)
To collect and recover money owed to us
(a) Identity (b) Contact (c) Financial (d) Transaction
Necessary for our legitimate interests (to recover debts due to us)
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications
Necessary to comply with a legal obligation
To ask you to leave a review or take a survey
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity (b) Contact (c) Technical
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical (b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)
To provide specialised offers, campaigns or loyalty rewards.
Necessary for our legitimate interests (to develop our products/services, maintain our loyalty programme and grow our business)
Opting out You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, product experience or other transactions.
Change of purpose 39. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
The cookies we use The cookies we use can be divided into two categories:
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Used by the content network, Cloudflare, to identify trusted web traffic.
Collects data to measure efficiency of viewed or clicked ads and shows targeted ads
Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.
Used by Facebook to track conversions from Facebook ads, optimise ads based on collected data, build targeted audiences for future ads, and remarket to qualified leads.
Used by Shopify. Pending.
Track landing pages.
Shopify analytics relating to marketing & referrals.
Used in connection with shopping cart.
Used in connection with checkout.
Used in connection with customer login.
Shopify –wishlist functionality
Shopify wishlist functionality
Remembers user’s last scroll position on each webpage.
Used to send data to Google Analytics about the visitor's device and behaviour. Tracks the visitor across devices and marketing channels. Used to track and monitor engagement with and usage of the website, but it will not store, save or collect personal information.
Registers a unique ID that identifies a returning user's device. The ID is used for targeted ads.
Used by PayPal if you use them as a payment method.
Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
Used by Google Analytics to throttle request rate
Allows Shopify to store information about your session (referrer, landing page, etc.)
We always want you to be in control of the information you share with us, and there are a number of ways that you can remove or block cookies at any time, including by following the "help" file directions in your internet browser.
If you wish to delete cookies you can do so through your browser; further information on how to do this can be found here: https://www.allaboutcookies.org/
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