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Tante Emma AG
Bahnhofstraße 33
75305 Neuenbürg
Germany
+49 7082 944 39 73
+49 7082 944 39 74
Amtsgericht Mannheim, HRB 720053
Vorstandsvorsitzender: Mark Gössel
Aufsichtsratsvorsitzender: Giuseppe Schembri
USt.-ID.-Nr. DE283731965
Tante Emma AG Niederlassung Berlin
Schlunkendorfer Strasse 2e
14554 Seddiner See
Germany
General Terms and Conditions and Customer Information 1. Scope of application 2. Offers and service descriptions 3. Ordering procedure and conclusion of contract 4. Prices and delivery charges 5. Delivery, availability of goods 6. Payment terms 7. Reservation of title 8. Warranty for material defects and guarantee 9. Liability 10. Saving of the text of the contract 11. Data protection 12. Place of jurisdiction, applicable law, language of contract 1. Scope of application 1.1. For the business relationship between Tante Emma AG (hereinafter referred to as “Seller“) and the customer (hereinafter referred to as “Customer“) the following General Terms and Conditions in their version effective at the time of ordering shall apply exclusively within the framework of this online service. 1.2. For the purpose of these GTC, a consumer shall be every natural person who concludes a legal transaction for a purpose which can mainly be seen as belonging to neither their commercial nor their self-employed professional activity (§ 13 BGB – German Civil Code). 1.3. Any deviating terms of the Customer shall not apply unless the Seller has expressly approved their validity. 2. Offers and service descriptions 2.1. The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of a promise or a guarantee. 2.2. Service descriptions in catalogues and on the Seller’s websites do not have the character of a promise or a guarantee. All offers are valid “while stocks last” unless stated otherwise in the product description. 3. Ordering procedure and conclusion of contract 3.1. The Customer can choose products from the Seller’s range of goods without obligation and collect them in the online shopping basket. Subsequently, the Customer can continue to the conclusion of the ordering process within the shopping basket via the button [Continue to checkout]. 3.2. . Via the button [Buy now] the customer makes a binding request to purchase the goods in the shopping basket. Before sending off the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*). 3.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail in which the customer order is specified again and which the customer can print via the function “Print” (Order confirmation). The automatic confirmation of receipt documents only the fact that the Seller has received the Customer’s order and does not constitute an acceptance of the request. The purchase agreement shall be concluded only if the Seller sends the ordered product off or hands the product over to the Customer within 2 days or if he confirms the shipping within 2 days by means of a second e-mail, a formal order confirmation or the invoice to the Customer. 4. Prices and delivery charges 4.1. All prices which are stated on the Seller’s website are inclusive of VAT at the applicable rate unless net prices have been quoted expressly for commercial Customers. 4.2. Delivery charges are added to the quoted prices by the Seller. The Customer receives clear information on the delivery charges on a separate information page and during the ordering process. 5. Delivery, availability of goods 5.1. If an advance payment has been agreed upon, the delivery shall take place after receipt of the invoice amount. 5.2. If not all the products ordered are in stock, the Seller is entitled to make part-delivery at his own expense insofar as this is deemed acceptable for the Customer. 5.3. If the delivery of the goods fails through the Customer’s fault despite two delivery attempts, the Seller is entitled to withdraw from the contract. 5.4. If the product ordered is not available because the Seller’s supplier has not delivered the product without the Seller‘s fault, the Seller is entitled to withdraw from the contract. In this case the Seller shall inform the Customer without delay and suggest, where appropriate, the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive the delivery of a comparable product, the Seller shall refund any payments already made by the customer without delay. 5.5. Customers are informed about delivery periods and any delivery restrictions (e.g. restrictions of the deliveries to certain countries) on a separate information page or within the relevant product description. 6. Payment terms 6.1. The Customer can choose from the payment options available within and before conclusion of the ordering process. Customers are informed of the available methods of payment on a separate information page. 6.2. If a payment per invoice is possible, the payment has to be made within 30 days of receipt of the goods and the invoice. For all other payment methods, the payment has to be made in advance and in full. 6.3. If third-party suppliers such as PayPal are charged with the processing of the payment, their General Terms and Conditions shall apply. 6.4. If the calendar determines the payment date, the Customer shall be deemed to be in default if he misses this date. In this case, the Customer has to pay the statutory default charges. 6.5. The Customer’s obligation to pay default charges does not exclude the Sellers assertion of a further claim for damages caused by the delay. 6.6. The Customer shall only be entitled to a right of set-off if his counterclaims have been determined without further legal recourse or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship. 7. Reservation of title The delivered goods shall remain the Seller’s property until full payment has been received. 8. Warranty for material defects and guarantee 8.1. The warranty is determined by the legal provisions. 8.1. A guarantee for the goods delivered by the Seller shall only exist if it has been specified explicitly. Customers shall be informed of the terms of guarantee before initiation of the ordering process. 9. Liability 9.1. The following liability exclusions and limitations shall apply for the Seller’s liability for damages regardless of any other statutory conditions of entitlement. 9.2. The Seller shall be fully liable insofar as the cause of damage is due to intent or gross negligence. 9.3. Furthermore, the Seller shall be liable for any breach of duties due to ordinary negligence the fulfilment of which jeopardise the attainment of the purpose of the contract. He shall also be liable for the breach of duties, the fulfilment of which make the correct execution of the contract possible in the first place and on the adherence to which the Customer relies regularly. In this case, however, the Seller shall only be liable for predictable damages which are typical for the contract. The Seller shall not be liable for any ordinarily negligent breach of any duties other than those named above. 9.4. The above liability limitations shall not apply in case of injury to life, body and health, for a defect after acceptance of a guarantee for the condition of the product and in case of fraudulent concealment of defects. The liability in accordance with the product liability law shall remain unaffected. 9.5. Insofar as the Seller’s liability is excluded or limited, the same shall apply for the personal liability of employees, representatives and agents. 10. Saving of the text of the contract 10.1. The Customer can print out the text of the contract before placing the order with the Seller by using the print function of his browser during the last step of the order. 10.2. In addition, the Seller shall send an order confirmation with all the order data to the Customer at the e-mail address that the latter has provided. With the order confirmation, the Customer shall receive also a copy of the GTC including the cancellation policy for consumers and the information on delivery charges and terms of delivery and payment. 11. Data protection 11.1. The Seller shall process the Customer’s personal data for the specific purpose and in accordance with the statutory provisions. 11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) shall be used by the Seller for the fulfilment and the execution of the contract. This data shall be treated as confidential and not disclosed to third parties which are not involved with the order, delivery and payment process. 11.3. The User has the right to receive information on the personal data which the Provider stores on him free of charge. In addition, he has the right to amend incorrect data, to block and delete his personal data, unless this is excluded by a legal duty to preserve records. 11.4. Further information on the nature, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data privacy statement. 12. Place of jurisdiction, applicable law, language of contract 12.1. The place of jurisdiction and fulfilment is the Seller’s head office if the Customer is a merchant, a corporate body under public law or a special fund under public law. 12.2. The business relationship is subject to German law. Data privacy statement This data privacy statement explains the nature, the scope and the purposes of the collection and use of visitor and user data (hereinafter collectively referred to as “User”) by the Tante Emma AG (hereinafter “Provider”) as the controller of the data file. Collection of access data The Provider collects data on each access to the online offer (so-called server log files). The access data include the name of the accessed website, file, date and time of the access, the amount of data transferred, the notification of a successful access, the type and version of browser, the User’s operating system, the referrer URL (i.e. the website visited before), the IP address and the requesting provider. The Provider uses the protocol data without connection to the User‘s person or any other profile creation in accordance with the statutory regulations and only for statistical analysis with the purpose of the operation, the security and the optimisation of the online offer. However, the Provider reserves the right to check the protocol data subsequently in case of reasonable suspicion of possible illegal use based on concrete data. Collection and use of personal data Personal data will only be collected and used by the Provider if this is permitted by law or if the Users have given their consent to the data collection. Generally, the User can see during the use of the service which data is being stored, such as e.g. his name, e-mail address and message when using the order form. The personal data provided for the purpose of placing an order for goods (such as name, e-mail address, postal address, payment details) is used by the seller for the fulfilment and execution of the contract. This data is treated as confidential, transmitted in encrypted form and not disclosed to third parties which are not involved in the ordering, delivery and payment process. When making contact with the Provider (by contact form or e-mail) the User information is saved for the purpose of the processing of the enquiry and in case follow-up questions arise. The Provider has taken organisational, contractual and technical precautions to ensure that the provisions of the Data Protections Act are adhered to and accidental or intentional manipulations, loss, destruction or access by unauthorised persons are prevented. Data forwarding to third parties The Users‘ data is only forwarded to third parties if this is permitted by law or if the Users have given their consent. This is the case for example when the forwarding of the data is necessary for the fulfilment of contractual obligations to the User and the postal address is forwarded to a carrier after a shopping order has been placed. This applies also if the data is required by a competent authority such as a law enforcement agency. The Users‘ personal data is never sold or forwarded to third parties for advertising purposes or for the generation of user profiles. Cookies The Provider uses ”Cookies“ for his online services. Cookies are small files, which are placed on the User’s computer and which can store information for the Provider. Transient cookies are deleted as soon as the browser is closed, permanent cookies remain for a given period of time and can provide the stored information when the online service is accessed again. Cookies are employed mainly to facilitate the use of the service. A cookie saves for example a User’s shopping basket status. The User can influence the use of cookies. Most browsers have an option which limits or prevents completely the storage of cookies. Providers attempt to design their online services in a way that makes the use of cookies unnecessary. However, it has to be pointed out that the use and especially the ease of use is limited without cookies. Use of Facebook Social Plugins This online service uses social plugins (“Plugins”) by the social network facebook.com which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins can be identified by one of the Facebook logos (white “f“ on a blue tile or a “thumbs up“-sign) or they are marked “Facebook Social Plugin”. The list and the appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/. When a User calls up a web page of this online service which contains such a plugin, his browser establishes a direct connection with the Facebook servers. The content of the Plugin is transmitted by Facebook directly to the User’s browser and embedded in the website by the browser. The Provider has therefore no influence on the data volume which Facebook collects with the help of this plugin and informs the User according to their level of knowledge: By embedding the plugin, Facebook receives the information that a User has called up the corresponding page of the online service. If the user is logged into Facebook, Facebook can associate his visit with his Facebook account. If a User interacts with the plugins, e.g. by pressing the Like button or by leaving a comment, the corresponding information is transmitted directly to Facebook by his browser and stored there. If the User in not a member of Facebook, there is still the possibility that Facebook finds out and saves his IP address. According to Facebook, only an anonymised IP address is saved in Germany. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for the protection of the Users’ privacy can be found in the data protection information by Facebook: https://www.facebook.com/about/privacy/. If a User is a Facebook member and doesn’t want Facebook to collect data on him via this online service and connect them to his membership data stored on Facebook he has to log out of Facebook before his visit to the internet presence and delete the corresponding Facebook cookies. It is also possible to block Facebook Social Plugins for the browser by using add-ons such as the “Facebook Blocker“. +1 push button by Google+ This online service uses the buttons for the social network Google+ (e.g. “+1″- push button), which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). When a User calls up a website of this online service which contains such a button, the browser establishes a direct connection with the Google servers. The content of the button is transmitted by Google directly to his browser and embedded in the website. The Provider has therefore no influence on the data volume which Google collects via the buttons. According to Google, no personal data is collected without a click on the button. Such data, i.a. the IP address, is collected and processed only for members of Google+ who are actually logged in. The purpose and the scope of the data collection and the further processing and use of the data by Google as well as the relevant rights and setting options for the protection of the User’s privacy can be found in Google’s data protection information on the “+1” button: http://www.google.com/intl/de/+/policy/+1button.html und der FAQ: http://bit.ly/r3Qmer. If a User is a Google+ member and doesn’t want Google to collect data on him via this online service and connect them to his membership data stored by Google he has to log out of Google Plus before his visit to the internet presence and delete the Google cookies within the browser. Use of the Twitter button This online service uses buttons for the Twitter service. These buttons (e.g. “Twitter” or “Follow”) are provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. When a User calls up a website of this internet presence which contains such a button, his browser establishes a direct connection with the Twitter servers. The content of the Twitter buttons is transmitted directly to the User’s browser by Twitter. The Provider has therefore no influence on the data volume which Twitter collects by means of this plugin and informs the Users according to the Provider’s level of knowledge. According to this, only the User’s IP address and the URL of the corresponding webpage are transmitted when using the button. It is not used for any purposes other than the display of the button. Further information on this can be found in the data protection statement by Twitter at http://twitter.com/privacy. Google Analytics This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking). Cancellation, changes, amendments and updating The User has the right to receive information on the personal data which the Provider stores on him free of charge. The contact data can be found in the Provider’s site notice. In addition, the User has the right to amend incorrect data, to block and delete his personal data, unless this is excluded by a legal duty to preserve records. Amendments of the data protection statement The Provider reserves the right to amend the data protection statement in order to adapt it to a changed legal situation or if the service or the data processing is altered. Prices, shipping charges and delivery information: The prices quoted on the product pages include the statutory VAT and other price components. In addition to the prices stated there is a charge for shipping and handling. You can also find these shipping charges laid out clearly in the shopping basket system and on the order page. The charge for shipping and handling includes the statutory VAT. As the VAT on the shipping and handling charge depends on the goods purchased, it can be reduced when goods are purchased at a lower VAT rate. This means that the shipping and handling charge can only be calculated definitely during the ordering process. Right of cancellation Consumers have the right to cancel contracts which have been concluded through this internet page within fourteen days without giving reasons. A consumer is every natural person who concludes a legal transaction for a purpose which can mainly be seen as belonging to neither their commercial nor their self-employed professional activity. The cooling-off period is fourteen days from the day on which you or a third party designated by you and who is not the carrier, have/has taken possession of the goods. In order to exercise your right of cancellation you have to inform us, the Tante Emma AG, Bahnhofstrasse 33, 75305 Neuenbürg, mail: contact@wachtigall.com, Fax-Nr. +49 7082 944 3974 of your decision to cancel the contract by means of a clear statement (e.g. a letter by mail, telefax or e-mail). The cooling-off period shall be deemed observed if you post your notification on the exercise of the right of cancellation before the end of the cooling-off period. Consequences of the cancellation If you cancel a contract, we have to refund all payments that we have received from you, including the delivery charges (with the exception of the additional cost arising from the fact that you have chosen a different delivery method than the economic standard delivery offered by us) without delay and no later than within fourteen days from the day on which we have received the notification of your cancellation. The refund can be made by another method of payment than the one that you used for the payment unless this makes you incur additional costs. We can refuse the refund until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is the earlier date. You have return the goods to us without delay and at any rate no later than within fourteen days from the day on which you notified us of the cancellation of this contract. The date shall be deemed observed if you send the goods off within fourteen days. You shall bear the immediate cost of the return of the goods. You will only be held responsible for any deterioration of the goods if this deterioration is due to a handling of the goods which is not necessary for the verification of the condition, properties and functioning of the goods. Exclusion or premature expiry of the right of cancellation – for the delivery of goods which are not prefabricated and for the production of which an individual choice or selection by the consumer is relevant or which have clearly been adapted to the personal needs of the consumer; – for the delivery of goods which can perish quickly or the sell-by date of which would be passed quickly; – for the delivery of alcoholic beverages the price of which was agreed upon at the conclusion of the contract but which could not be delivered earlier than 30 days after the conclusion of the contract and the current value of which is subject to price fluctuations on the market which are beyond the trader’s influence; – for the delivery of newspapers, magazines or pictorials with the exception of subscription contracts. The right of cancellation expired prematurely for contracts – for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal was removed after delivery; – for the delivery of goods which, due to their nature, were mixed inseparably with other goods after delivery; for the delivery of audio and video recordings or computer software in sealed packaging if the seal was removed after delivery. Methods of payment We offer you the following methods of payment. Just choose the payment method that is best for you. The delivery charges depend partly on the method of payment chosen. The prices quoted for the different offers are final prices. They include all price components including any taxes due such as VAT. Only for international deliveries further taxes can be raised in individual cases (e.g. in case of an intra-Community acquisition of a good) and/or fees (e.g. customs duties) can be charged which will be payable by you, however, not to the Seller but to the responsible customs or revenue authorities. The charges for delivery and shipping are not included in the purchase price. They can be called up via the page „delivery charges“ and will be set out separately during the ordering process. You will have to pay them in addition to the purchase price. Credit card Pay simply by Visa or MasterCard. PayPal Make an even faster and more secure payment through your PayPal account. SOFORT Banking Thanks to SOFORT Banking, paying online is even faster and more secure with your familiar online banking details. Advance payment Please transfer the total amount of your order into our bank account: Account holder: Tante Emma AG Bank details: BW-Bank SWIFT: SOLADEST600 IBAN: DE77600501010002740375