General Terms and Conditions
Black Forest Cuckoo Clocks / August Schwer e.K. Company
Policies & Terms of Use
Welcome to Black Forest Cuckoo Clocks Online. Please review the
following basic terms that define your use of and purchase of
products from our Site. Please note that your use of our Site
constitutes your agreement to follow and be bound by those terms
(the Agreement ).
1. Area of Application
The General Terms and Conditions are applicable for all
deliveries from the August Schwer e.K. Black Forest Clock
Factory (hereafter August Schwer) to consumers (§ 13 BGB).
2. Contractual Partner
The contract of sale is concluded with: August Schwer e.K.,
Owner: Andreas Winter, Hauptstr. 28, 78141 Schoenwald, Germany.
Commercial Register: Amtsgericht Freiburg HRA 601650. You can
reach our Customerservice for inquiries, customer complaints,
and claims on business days between 8am and 6pm by phone: 0049
7722 8689020 or any time by email info@black-forest-cuckooclocks.com.
3. Product Offers and Contract of Sale
3.1 The presentation of products in our Online-Store does not
constitute a legally binding offer, but only represents an
invitation to order the product. All offered products are valid
“while stocks last”, if not specified otherwise. Errors excepted.
3.2 By clicking the button “Send order” you submit a binding
order of the items listed in your order overview. The contract
of sale becomes valid as soon as we confirm your order by email:
you will receive an order confirmation immediately after we
receive your order.
4. Return Policy and Warranty
4.1 Consumers have a right of withdrawal within two weeks after
receipt of the item
Right of Withdrawal
You have the right to withdraw from the contract of sale within
two weeks after receipt of the merchandize, either in written
form (by letter, fax, or email), or by returning the merchandise.
The time period begins with this instruction, but not before the
recipient has received the merchandise and not before the
completion of our information obligations according to § 312c
Abs. 2 BGB in connection to § 1 Abs. 1, 2 and 4 BGB-InfoV and
our obligations according to § 312e Abs. 1 Satz 1 BGB in
connection to § 3 BGB-InfoV.
In order to observe the return time period, it is sufficient to
send the written withdrawal within the time period, or to send
the item within the time period.
Please send the withdrawal or merchandise to:
Fa. August Schwer e.K.
Hauptstr. 28
78141 Schönwald
Fax: 07722/86890210
email:
info@black-forest-cuckooclocks.com
Consequences of Withdrawal
In case of an effective withdrawal, both parties have to return
all goods, services, and benefits received. Should it be
impossible to return the merchandise or services received
completely or only in a degraded condition, you will have to
compensate us for the loss of value in the respective
merchandise or service. This is not applicable if the
deterioration of the merchandise is only due to an inspection of
the merchandise – which would have been similarly possible in a
regular retail store. Furthermore you can avoid the liability to
compensate the loss of value, by refraining from using the
merchandise as if it were in your possession, and by avoiding
any action that might diminish the value of the merchandise.
The return shipping costs for international orders and shipments
have to be covered by the recipient.
4.2 The right of withdrawal is not applicable for deliveries of
merchandise specifically produced according to the customer
specifications defined in the order (e.g. engraved bridal cups)
5. Prices, Shipping Costs and Customs Tariffs.
5.1 The prices listed on the product pages are inclusive of VAT
and all constituent parts of the product. If you chose a
delivery destination outside the European Union, prices will be
listed exclusive of VAT.
5.2 In addition to the listed prices we will charge shipping
costs for the product. Deliveries in Germany have a fixed
shipping coverage. All orders shipped within Germany are subject
to a shipping cost charge of EUR 5,50 per order. Exempt are very
small items, which can be sent via letter or large letter, the
shipping costs for these items will be listed during your order
process.
The shipping costs for international deliveries and express
shipments are calculated according to the actual weight of the
parcel. These will be calculated according to your actual
shopping cart and listed during the order process.
5.3 The customs form for international shipments outside the
European Union will contain the value of the merchandise
enclosed in the parcel. We are legally bound to list this
information in the customs forms. Customs stations are
furthermore entitled to open parcels at will to check on the
contents of the parcel. We have no influence on that. If your
order is a bone fide gift, we will mark the parcel as a gift in
the customs form; prices will nevertheless have to be listed in
the customs form. These are legally binding procedures which we
have to abide.
Customs and import tariffs might apply as soon as the parcel
reaches the destination country. Any customs and import fees
have to be covered by the recipient of the parcel. We have no
influence on these tariffs and cannot make any statements as to
the actual fees charged. Customs regulations vary significantly
in each country. If you need further information, please contact
your local customs office for any detailed inquiries.
6. Delivery
The delivery will be carried out by the shipping company chose
in your shopping cart and its partner companies in the
respective destination country.
7. Payment
7.1 Payment by international buyers can be made by credit card.
For European Union customers, we also accept payment in advance
by bank transfer (IBAN / BIC).
7.2 If you are ordering from within the European Union and wish
to pay by IBAN / BIC bank transfer, you will receive the bank
account number and IBAN / BIC information with the order
confirmation. The merchandise will be shipped as soon as the
funds are cleared in our bank account.
7.3 If you wish to pay by credit card, the amount due will be
charged to your credit card as soon as you receive the order
confirmation. The merchandise will be shipped immediately if it
is in stock. You will be notified about any delays.
7.4 The primary currency of our Online-Shop is EUR. All items
are offered in EUR. Conversion into US $ takes place on the
basis of the official daily exchange rate. Payment can be made
in US $ and in EUR.
8. Reservation of Property Rights
All merchandise remains the property of August Schwer until full
payment has been made.
9. Warranty
The warranty for our products is in accordance with German legal
regulations. For any defects arising within the legal warranty
period of two years starting from the delivery date, you are
entitled to a supplementary performance. We will remove the
defect and if this is not feasible, you will get a replacement.
Return shipping costs from international destinations will have
to be covered by the buyer / owner of the merchandise.
Further Information:
Ordering from Black Forest Cuckoo Clocks Online:
Once you have found the desired product, you can place it
without obligation in your shopping cart by clicking the button
‘add to cart’. The content of your shopping cart can be checked
without obligation at any time by clicking the button ‘shopping
cart’. The product in your shopping cart can be removed at any
time from the cart by setting the quantity to 0 and clicking the
button ‘update’. If you wish to buy the products in your
shopping cart, click the button ‘secure order’. In the next step,
you can enter your personal data. Necessary data fields are
marked with a * throughout the order process. You do not need to
register with us to place an order. Your information will be
transferred via a secure connection. After entering your data,
please check them again for possible mistakes. By clicking the
button ‘send order’, you will conclude the order.
If you are paying by credit card, you will be asked to enter
your credit card details in a further window, which opens up
after concluding your order. This process can be aborted any
time by closing the browser window. On the individual pages you
will find further information, for example instructions on
corrections or likewise.
Data Protection
We will only use your personal data to process and complete your
order. Your address details will only be given to the chosen
shipping company to send and deliver the merchandise as
precisely as possible. In order to process your payment, your
credit card data will be processed directly by the respective
card company, Mastercard, Visa, or American Express. We do not
store any credit card data. For Mastercard and Visa payments we
use the security system MasterSecureCode directly by Mastercard,
to guarantee the best possible data safety.
No personal data will be passed on to any third party. After
your order has been completed, your personal information will be
blocked for further use and deleted as soon as the legally
required time period has ended.
Privacy Policy
Personal data (usually referred to just as data below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.
Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the GDPR ), processing refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.
The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.
Our privacy policy is structured as follows:
I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing
I. Information about us as controllers of your data
The party responsible for this website (the controller ) for purposes of data protection law is:
August Schwer
Hauptstr.28
78141
Schönwald
Germany
Telephone:
+49(0)7722/8689020
Fax: Fax number
Email:
post@august-schwer.de
The controller's data protection officer is:
Andreas Winter
II. The rights of users and data subjects
With regard to the data processing to be described in more detail below, users and data subjects have the right
- to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
- to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
- to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
- to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
- to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.
Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.
III. Information about the data processing
Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.
Cookies
a) Session cookies
We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.
This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.
The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.
If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.
When you close your browser, these session cookies are deleted.
b) Third-party cookies
If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.
Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.
c) Disabling cookies
You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.
If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.
Order processing
The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data.
The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.
After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.
In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.
The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.
Customer account/registration
If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.
During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account.
If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.
If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.
You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.
Credit checks and scores
If you accept any offer we make for you to pay for goods or services on account, we reserve the right to run a credit check with a credit bureau (such as Creditreform, Schufa, Bürgel, or infoscore) to obtain credit information determined on the basis of mathematical-statistical methods. For this purpose, any data you provide that is relevant to the contract, such as your name and address, will be forwarded to the credit bureau. We then use the information obtained about the statistical probability of default to decide whether we will offer you payment on account.
The legal basis for such processing is our legitimate interest to avoid default on our account per Art. 6 Para.1 lit. f) GDPR.
Newsletter
If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.
You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.
Contact
If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.
The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.
Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.
User posts, comments, and ratings
We offer you the opportunity to post questions, answers, opinions, and ratings on our website, hereinafter referred to jointly as posts. If you make use of this opportunity, we will process and publish your post, the date and time you submitted it, and any pseudonym you may have used.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
In addition, we will also process your IP address and email address. The IP address is processed because we might have a legitimate interest in taking or supporting further action if your post infringes the rights of third parties and/or is otherwise unlawful.
In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in any legal defense we may have to mount.
Follow-up comments
If you make posts on our website, we also offer you the opportunity to subscribe to any subsequent follow-up comments made by third parties. In order to be able to inform you about these follow-up comments, we will need to process your email address.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent to this subscription under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each email.
Model Data Protection Statement for Anwaltskanzlei Weiß & Partner
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