General Terms and Conditions and Consumer Information

General terms and conditions and consumer information in the context of contracts of sale concluded on the online shop between Velvet-Point GbR, Seubertstraße 8, 76131 Karlsruhe, hereinafter referred to as the "vendor", and the customer, hereinafter referred to as the "customer". Section 1 Scope of application and general information

(1) Subject to individual agreements and accords which take precedence over these terms and conditions, the following terms and conditions shall apply to the business relationship between the vendor and the customer exclusively. Unless otherwise agreed, the customer's own conditions shall not be taken into account.

(2) The customer is a consumer, provided that they conclude the contract for purposes which for the most part cannot be attributed to their commercial or self-employed activity. On the other hand, any natural or legal person or partnership with legal capacity which exercises its commercial or self-employment activity on conclusion of a legal transaction is an entrepreneur. 

Section 2 Conclusion of the contract

(1) The contract comes into being with the following:

Velvet-Point GbR

Seubertstraße 8

76131 Karlsruhe 

(2) The key characteristics of the goods stem from the relevant product description provided by the vendor.

(3) All offers in the vendor's online shop only constitute a non-binding invitation to the customer to submit a corresponding offer of a purchase to the vendor. Once the vendor has received the customer's order, the customer shall initially be sent confirmation of receipt of their order by the vendor, usually via e-mail (order acknowledgement). The order acknowledgement does not yet constitute acceptance of the order. On receipt of the customer's order, the vendor will check this swiftly and let the customer know within 3 working days whether they shall accept the order (order confirmation). The order process in the vendor's online shop is as follows:

(4) The customer can select products from the vendor's range and collect them in what is known as a basket, using the "Add to basket" button. By clicking on the "Your basket" button, the customer gets an overview of the products selected. By clicking the button "Confirm and pay", they submit a binding request to purchase the goods in the basket. Before sending the order, the customer can change and view the order submitted and the data entered at any time using the browser functions "Back" and "Forward", shown as arrow buttons. The request can only be submitted and transmitted if the customer declares that he has read and accepted the General Terms and Conditions  by clicking on the button "Accept terms and conditions", thereby including them in their request. The vendor then sends automatic confirmation of receipt via e-mail to the customer. This specifies the customer's order again and can be printed by the customer using the "Print" function. The automatic confirmation of receipt only documents the fact that the customer's order has been received by the vendor and does not constitute acceptance of the request. The contract only comes into being when the vendor submits their notice of acceptance. This is sent in a separate e-mail. 

Section 3 Subject matter of the contract, condition, delivery, availability of goods

(1) The subject matter of the contract is the goods and services specified by the customer as part of the order and named in the order acknowledgement and/or confirmation at the final prices stated in the online shop. These may be subject to errors and mistakes, particularly with regard to the availability of goods.

(2) The condition of the goods ordered stems from product descriptions in the online shop. In some circumstances, illustrations on the website reflect the products only imprecisely; colours in particular may vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data and weight, size and performance specifications are stated as precisely as possible but may exhibit the usual deviations. The properties described here do not constitute defects in the products delivered by the vendor.

(3) If no examples of the product selected by the customer are available when they make their order, the vendor shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the vendor shall not accept the order. In that event, no contract will come into being.

(4) If the product designated by the customer in the order is only temporarily unavailable, the vendor shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of over two weeks, the customer is entitled to withdraw from the contract. Incidentally, in this case the vendor is also entitled to rescind the contract. In this case, they shall refund any amounts already paid by the customer immediately. 

Section 4 Delivery, prices, shipping costs

(1) Unless otherwise specified, products will be dispatched to the shipping company no later than two days following receipt of monies, or, in the case of payment by cash on delivery, no later than two days following the order confirmation. The delivery time is up to five days. The vendor shall point out any delivery times which deviate from this on the relevant product page.

(2) Products shall only be delivered within the EU.

(3) The prices stated are final retail prices excluding shipping costs.

(4) Regarding new goods all item prices include statutory VAT. The customer receives an invoice showing the VAT. All other items are subject to the margin scheme as per § 25 UStG, that means that the VAT is not shown on the invoice 

Section 5 Payment

Payment is made in advance (PayPal, bank transfer) Giropay, SOFORT online bank transfer, credit card) or - when picking up the items at our showroom – with either cash or debit card. 

Section 6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is asked to complain to the delivery agent regarding these issues immediately and to contact the vendor as soon as possible.

(2) Failure to make a complaint or contact has no impact on the customer's warranty rights. However, making a complaint helps the vendor to assert claims against the freight carrier and/or the transport insurance. 

Section 7 Guarantee, liability

(1) A guarantee for the goods delivered by the vendor only exists if this was expressly given in the order confirmation for the relevant product.

(2) Complaints and claims for defects may be brought by the buyer at the address stated in the supplier identification.

(3) When buying new goods, the following applies:The vendor is liable for material defects in accordance with the applicable legal provisions, particularly Sections 434 et seq. of the German Civil Code (BGB).

(4) Liability for used goods:Claims on the part of the buyer based on material defects lapse one year after the purchased item is delivered to the buyer. This does not apply to liability for damages caused by gross negligence and damages caused deliberately, nor to damages resulting from injury to life, the body or health resulting from a negligent breach of duty on the part of the vendor. A deliberate or negligent breach of duty on the part of the vendor is deemed equivalent to a breach of duty of its legal representative or agents. In the case of fraudulent concealment of defects or assumption of a guarantee for quality, further claims shall remain unaffected. 

Section 8 Retention of ownership

Until complete payment has been made, the goods delivered shall remain the property of the vendor. 

Section 9 Text of the contract

The text of the contract shall be stored on the vendor's internal systems. The customer may view the terms and conditions at any time in their customer account. The order data and terms and conditions are sent to the customer by e-mail. After the order is concluded, the order data is no longer available online for security reasons. 

Section 10 Final provisions

(1) The language of the contract is German.

(2) The law of the Federal Republic of Germany shall apply to contracts between the vendor and customers, with the exception of laws on international sale of movable goods. This choice of law shall only apply to consumers if the customer is not deprived of the protection granted by compulsory provisions of the law of the state of ordinary residence.

(3) If the customer is a trader, a legal person under public law or a special estate under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor shall be the domicile of the vendor. This shall also apply if the customer does not have any place of general jurisdiction in Germany or the EU, or their domicile or ordinary residence is not known at the time the proceedings are brought.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us (Velvet Point  GbR, Seubertstrasse 8 / im Innenhof, 76131 Karlsruhe, Phone +49 721-5687797, info@velvet-point.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract.)

To:

Velvet-Point GbR

Seuberstraße 8 / im Innenhof

76131 Karlsruhe

info@velvet-point.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper) 

Date ___________(*) Delete as appropriate.

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.

"Personal data" is any information relating to an identified or identifiable natural person.

 

Server log files              

You can use our websites without submitting personal data.            Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.

                 

Collection and processing when using the contact form       

When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact. By submitting your message you agree to the processing of your transmitted data. Processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent.You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.

            

Customer account      

When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.

                     

Collection, processing, and transfer of personal data in orders

When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.               

Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.

                 

Use of your email address for mailing of newsletters      

We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.

            

Forwarding of your email address to shipping companies for information on shipping status      

We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.

      

Using PayPal

All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_GB

 

Cookies      

Our website uses cookies. Cookies are small text files which are saved in a user's internet browser or by the user's internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user's operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again. We use cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

Our website also uses cookies to allow us to analyse the surfing behaviour of visitors to our website.

 

We also use cookies to address visitors to other websites with targeted marketing relating to their interests.

 

Processing is carried out on the basis of § 15 (3) TMG (Telemedia Act) as well as art. 6 (1) lit. f GDPR due to our justified interest in the purposes above.      

The data collected in this way is pseudonymised using technological measures. It is therefore not possible to connect the data to your person. The data will not be stored together with other personal data pertaining to you.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.      

Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:      

Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en    

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences      

Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Use of Matomo      

Our website uses the analysis tool Matomo by InnoCraft Ltd. (150 Willis St, 6011 Wellington, New Zealand; "Matomo").      The processing of data serves to analyse this website and its visitors. Data is collected and saved for marketing and optimisation purposes. A usage profile can be generated from this data under a pseudonym. Cookies may be deployed for this purpose. Cookies facilitate recognition of your internet browser. The data collected with Matomo technologies will not be used to identify the website user personally in future or combined with personal data on the bearer of the pseudonym without the separately issued consent of the affected party. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in needs-based and targeted design of the website.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation.

Approval for data collection and storage can be withdrawn at any time with future effect.

       

 

Use of Google Adwords conversion tracking       

Our website uses the online marketing programme "Google AdWords", including conversion tracking. Google conversion tracking is a service operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google AdWords customer receives a separate cookie. Therefore, it is not possible to track cookies relating to the websites of AdWords customers. The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in targeted marketing and analysis of the effectiveness and efficiency of this marketing.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation.

You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser. We would, however, like to point out that this may prevent you from making full use of all the functions of this website. You will then not be included in the conversion tracking statistics.You can also deactivate personalised advertising in Google's advertising settings. You can find an introduction to this at https://support.google.com/ads/answer/2662922 You can also deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/  and following the opt-out instructions.

You will find more information as well as Google's data protection declaration at: https://www.google.de/policies/privacy/

Use of Facebook plug-ins      

This Internet site uses plug-ins of the social network facebook.com operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").    

Whenever you display one of our Internet pages that hosts a Facebook plug-in you will be linked to the Facebook servers, a message is sent to your browser, and the plug-in is run on the Internet page. This is telling the Facebook server which of our pages you have visited. Assuming you are logged on to your Facebook member account while running the Facebook plug-in, Facebook will allocate the information to your personal Facebook user account. Further information collected and allocated by Facebook is the use of plug-in functions (like clicking on the Like button or posting a comment). To prevent this data collection and allocation, you must log off your Facebook user account before running the plug-in.    

If you do not wish Facebook to collect and directly allocate the above information to your Facebook profile, you will either have to log off from Facebook before visiting our site or run a "Facebook blocker" which stops the Facebook plug-ins from running on our pages.      

To learn more about the collection and use of your personal data by Facebook as well as about your rights and what options you have to protect your privacy, please read Facebook's Privacy Policy at: https://www.facebook.com/policy.php   

Using Pinterest plugins

On these webpages, plugins of the social network, Pinterest, are used, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest").

You can view the different logos which contain the plugin (e.g. "Pin-it-Button" or the "P″-button), at the following link: http://business.pinterest.com/pin-it-button/

If you invoke a corresponding website of our Internet presence, which contains such a plugin, a link between your computer and the servers of Pinterest is established, and the plugin is displayed on the Internet page through a notification to your browser. Here, your IP addresses as well as the information, as to which of our webpages you have visited, is transmitted to the Pinterest server in the USA. This is irrespective of whether you are registered with or logged in on Pinterest. Data is transferred even in case of users who are not registered or logged in on these sites.

Moreover, if you are a member of Pinterest, and if you are logged in on Pinterest during the period in which you use the plugin, the information collected about your website visit is linked to your Pinterest account and disclosed to other users. Even in case of interactions, which are possible with various Pinterest plugins, the corresponding information about you is collected and transmitted to Pinterest and stored there.

If you do not wish that Pinterest links and combines the information with the data of your Pinterest account, you must log out from Pinterest before visiting our website.

Log on to https://policy.pinterest.com/en/privacy-policy for more information on the collection and use of data through Pinterest.

 

Using Instagram plug-ins      

These websites use the plug-in from online service provider Instagram, which is provided by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram").      

If you access pages on our website that contain this plug-in, this will generate a connection to the Instagram server and indicate the plug-in on the site by means of message in your browser. Information such as your IP address and which websites you have visited is transmitted to the Instagram server.      

If you are logged into Instagram, Instagram will assign this information to your personal user account. When using the plug-in functions (e.g. clicking the "Instagram" button") this information is also assigned to your Instagram account, which you can only prevent by logging out prior to using the plug-in.      

If you do not want Instagram to directly add the information collected to your Instagram account, you must either log out of Instagram prior to visiting our site or use an add-on or the script blocker "NoScript" (noscript.net) to block the Instagram plug-in loading on our websites.      

Further information on the data collected and used by Instagram, your rights and privacy can be found in Instagram's privacy policy: help.instagram.com/155833707900388

Use of GoogleMaps

Our website uses Google Inc.'s feature for the embedding of Google Maps (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").

This feature visually represents geographical information and interactive maps. Google also collects, processes and uses data on visitors to the website when they call up pages with embedded Google maps. Your data may also be transmitted to the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission.

Processing is carried out on the basis of art. 6 par. 1 point (f) GDPR due to our justified interest in needs-based and targeted design of the website.

Further information on the data collected and used by Google, your rights and privacy can be found in Google's privacy policy at https://www.google.com/privacypolicy.html. You also have the option of changing your settings in the data protection centre, allowing you to administer and protect the data processed by Google.       

     

Duration of storage       

After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.

            

Rights of the affected person      

If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.

            

Contact us at any time. Our contact details can be found in our imprint.

            

Right to complain to the regulatory authority      

You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.

            

Right to object      

If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.      

If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.             

If personal data is being processed for the purposes of direct advertising, you can objection to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.

      

last update: 25.04.2018