General terms and conditions Right of withdrawal Data protection conditions

 

I. General Terms and Conditions

1. Basic Provisions

(1) The following conditions apply to all contracts with us as a manufacturer (Detlef Fuchs - Brillehutdesign). Unless otherwise agreed, the inclusion of which might be used by you own conditions is contradicted.

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2) Consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their professional or commercial activity.

2. Conclusion of contract

(1) Subject of the contract is the sale of goods.

(2) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

3. Right of retention, reservation of title

(1) The goods remain our property until the purchase price has been paid in full. Any sale or similar interference with goods whose ownership has not yet been transferred to the customer is invalid or not permitted.

4. Liability

(1) We shall be liable without limitation in each case for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the condition of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.

(2) If essential contractual obligations are affected, our liability in cases of slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance you may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

5. Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

Buyers who provide a shipping address abroad must pay all customs duties and other surcharges in full. There is no need for us to inform the buyer about the legal regulations customary in the country.

 

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Customer Informations

1. Identity of the seller

 

Detlef Fuchs 

BrillehutDesign

Plato-Wild-Str. 43

93053 Regensburg

Deutschland

 

Tel.: +49 (0)941-46370136


E-Mail: Info@brillehutdesign.de


Umsatzsteuer-Identifikationsnummer DE 222739267



2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with 2 of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1 Contract language is German.

3.2 The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.

5. prices and terms of payment

5.1 The prices quoted in the respective offers and any German shipping costs charged represent total prices. (Applies in Germany and in countries of the EU.)

In accordance with §19 UStG, the amount shown on this invoice does not include sales tax.

(Applies in Germany and in countries of the EU.)

For countries outside the EU no German VAT will be charged, but additional shipping costs and possible customs fees will be charged.

When ordering, the German shipping costs are calculated first. The additional shipping costs for the respective country will be charged separately.

This invoice is part of the order process together with the confirmation email.

5.2 Possibly calculated shipping costs can be called up via a correspondingly marked button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping is promised.

5.3 The payment methods available to you are shown under a correspondingly marked button on our website or in the respective item description.

A cash payment and collection of the goods is only possible if expressly noted in the item description.

5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Only after receipt of payment can the production begin if the goods are manufactured according to customer specifications. Therefore the delivery date depends on the immediate receipt of payment. If this is delayed, the delivery date is also extended by the same period.

6. terms of delivery

6.1. You will find the usual delivery date with immediate receipt of payment under the respective offer on our website. The seller fulfils his obligation if he can prove the dispatch 2 days before the deadline or if the shipment arrives on time.

6.2. The time of receipt of payment is considered the beginning of the calculation of the delivery time, provided that all data necessary for punctual production are available at the same time. Otherwise the receipt of this data (head circumference, wool color, special requests, visual acuity) is decisive for the calculation of the delivery period.

6.3. Since the offered goods are exclusively custom-made according to the customer's specifications, the right of return is not applicable. 

6.4. The right of return also does not apply to the sale of used goods. Used articles also include articles that are not made especially at the request of a customer, but are already finished. These goods are considered as used as new and are also excluded from exchange.

6.5. It is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to the customer when the goods are handed over to him. This does not apply if the customer has independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. In this case, this risk is transferred to the customer immediately.

6.6. The statutory warranty rights apply. Your warranty claims due to defects become time-barred within two years from the delivery of the sold item.

6.7. We exclude the liability for slightly negligent breaches of duty, provided that these do not affect contractual obligations, damages from injury to life, body, health or guarantees, as well as claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we have to provide you with the item free of material defects and defects of title.

6.8. Unsuccessful delivery

6.8.1. Wrong address

If the online merchant has sent the goods to the address provided by the buyer and the customer cannot be found there (due to the incorrect address), the customer shall owe the costs for the unsuccessful delivery by way of compensation for additional expenses (§ 304 BGB).

6.8.2. Unsuccessful delivery with free shipping 

If, for reasons of the article price (more than 200 Euro in Germany) or because of a special agreement, free shipping is set for Germany or abroad, this agreement is only valid for the first shipment.

The buyer has to make sure that his address is correct, that the package is not refused or that the collection period at the parcel service provider passes unused.

There will be no further free shipping if the customer does not comply with one of these conditions. The seller is entitled to charge the renewed shipping costs according to the website and to demand advance payment as payment.

7. legal liability for defects of goods

7.1 The statutory provisions shall apply.

7.2. As a consumer, you must check the goods immediately upon delivery for completeness, obvious defects and transport damage and notify the carrier immediately of any complaints.

7.3. The European Commission provides a platform for online dispute resolution (OS).

Consumers have the possibility to use this platform for the settlement of their disputes.

Under this link you will find the contact details of the official dispute resolution bodies

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

II. Right of withdrawal

(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity).

8. Cancellation policy on the right of cancellation

You have the right to cancel a contract within 14 days without giving reasons.

Please note the reasons for exclusion or cancellation, as we currently do not carry any goods that fall under the legal regulations.

8.1. Reasons for exclusion or expiration:

The right of withdrawal does not apply to contracts

- for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 

The customer may cancel the order until full payment has been received.

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

- for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market, over which the trader has no influence;

- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;

- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

The statutory revocation period is 14 days from the date of delivery,

- where you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery;

- at which you or a third party designated by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods under a single order and they are delivered separately;

- on which you or a third party designated by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces;

In order to exercise your right of withdrawal:

You have to inform

Mr.

Detlef Fuchs

Brillehutdesign

Plato-Wild-Str. 43

93053 Regensburg

Germany

0160-3403667

 

e-mail: info@brillehutdesign.de

 

with a clear statement (e.g. a letter sent by post or an e-mail ) of your decision to revoke this contract. 

You may use the following sample revocation form, which is not mandatory.

 

I/we (* ) hereby revoke the contract concluded by me/us ( ) for the purchase of the following goods ( )/ the provision of the following service ( )


Ordered on ( ) / received on ( ) -Article number.........................................................


Name of the consumer(s) .........................................................................


Address of the consumer(s) ..................................................................


Signature of the consumer(s) (only for paper notification)

..................................................


Date

.................................

 

8.2 Consequences of revocation

If you revoke this contract, we must reimburse you for all payments we have received from you, including the delivery costs, immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract and the return of the goods.

For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

We will not refund until we have received the goods back or until you have provided proof that you have successfully returned the goods. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. The Buyer shall bear the direct costs of returning the goods and the mode of shipment shall be in accordance with that of the Seller.

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods received in whole or in part, or only in a deteriorated condition, you may be required to pay compensation.

This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a store.

In addition, you can avoid the obligation to pay compensation for a deterioration of the goods caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value.

 

III. Data protection declaration and consent to the use of data by Brillehutdesign


Thank you for your interest in our website. The protection of your privacy is very important to us. Below we inform you in detail about how we handle your data.

Collection, processing and use of personal data


You can visit our site without providing any personal information. We only store access data without personal reference, such as the name of your internet service provider or the page from which you visit us. These data are evaluated exclusively for the improvement of our offer and do not allow any conclusion about your person.

Personal data is only collected if you voluntarily provide us with it when ordering goods or opening a customer account or registering for our newsletter. We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order. With full implementation of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiry of the tax and commercial law retention periods, unless you have expressly consented to the further use of your data. If you register for the newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time. We will not pass on your e-mail address to third parties.

Use of cookies


We use cookies on various pages to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize your computer during your next visit (so-called permanent cookies). These cookies are used to greet you with your user name and make it unnecessary for you to enter your password again or fill out forms with your data for subsequent orders. Our partner companies are not permitted to collect, process or use personal data via our website using cookies.

Your browser allows you to make restrictive settings for the use of cookies, whereby these can lead to our offer for you no longer functioning or only functioning to a limited extent. Cookies can also be deleted there.

Passing on of personal data


Your data will be passed on to the shipping company commissioned with the delivery, as far as this is necessary to deliver the goods. For the processing of payments we pass on your payment data to the credit institute commissioned with the payment.

Credit assessment and scoring


We work with advance payment and do not carry out a credit check or scoring.

Right of access to information


According to the Federal Data Protection Act you have a right to free information about your stored data as well as a right to correction, blocking or deletion of this data.

Contact person for data protection


If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consents granted, please contact

Brillehutdesign

Detlef Fuchs

Plato-Wild-Str. 43

93053 Regensburg

Data security


Your personal data will be transmitted over the Internet during the ordering process using SSL encryption. We secure our website and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Access to your customer account is only possible after entering your personal password. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

Revocation of consent


You have expressly given the following consent during your visit to our website. We would like to point out that you can revoke your consent at any time with effect for the future.

Permission for e-mail advertising


We do not use a newsletter.

Data collection for Google Analytics


This website uses Google Analytics, a web analysis service of 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 this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from 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. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link [http://tools.google.com/dlpage/gaoptout?hl=de].