General terms and conditions for purchases made at the ASKANIA online shop

1. General, scope of application of the General Terms and Conditions

1.1 All deliveries and services of the ASKANIA AG, Rosenthaler Straße 40/41, 10178 Berlin (hereinafter referred to as “ASKANIA AG”) shall be provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. Unless expressly agreed in writing, any deviating terms and conditions shall not apply.

1.2  Within the meaning of these Terms and Conditions, customers are both: consumers and entrepreneurs. Consumers, within the meaning of the Terms and Conditions, are natural persons who enter into contracts for a purpose which cannot be attributed to their commercial or professional activity. Entrepreneurs, within the meaning of the Terms and Conditions, are natural or legal persons or  partnerships with legal capacity, who act in the performance of their commercial or independent professional activity upon conclusion of the contract with ASKANIA AG.

2. Conclusion of contract

2.1 You can order by telephone, fax or in our ASKANIA-online shop. Our offer is binding. By placing an order, you accept our offer to conclude a contract. The contract is therefore concluded with the transmission of your order to us. You will receive an order confirmation by e-mail, fax or by mail.

2.2 How to order in our online shop: Once you have found the desired product, you can view it in more detail by clicking on the product name or product image with no obligation to purchase. By clicking the “add to shopping cart” button you can add the item to the shopping cart. You can view the contents of the shopping cart at any time with no obligation to purchase by clicking on the button “shopping cart” (in the lower area), the shopping cart button or the price (in the upper area). You can remove the products from the shopping cart by selecting the item and then clicking on the “remove” graphic. You can change the quantity of products by changing the number under “quantity”. If you wish to buy the products in the shopping cart, click on the “continue” button on the “shopping cart” page. In the further course of the order process, you can optionally set up a customer account, enter your order data and select the desired shipping and payment method. In the last step, you will get an overview of your order data under “check & send”, where you can check all details once again and change them under “change”. You can also correct input errors by navigating backwards in the browser or by canceling the order process and starting from the beginning. The General Terms and Conditions and the details of the right of withdrawal can be viewed before placing the order by clicking on the button “order with obligation to pay” . To complete the purchase, you must click the “order with obligation to pay” button. Thereby, you will send the order to us and accept the General Terms and Conditions.

2.3 In the case of orders, the contract shall be concluded with:

ASKANIA AG
Rosenthaler Straße 40/41
10178 Berlin

Tel. +49 30 364 28 51-60 (ASKANIA AG Office)
Fax +49 30 364028051-77

E-Mail: service@askania-berlin.de

CEO: Leonhard R. Mueller:

Location: Berlin-Tiergarten

District Court Charlottenburg HRB 98115B

VAT identification number in accordance with § 27a of the VAT Act:
DE 24 00 86 101

3. Storing the contract text

General note and mandatory information

Designation of the responsible body

The controller for the data processing on this website is:

ASKANIA AG
Andreas Müller
Rosenthaler Straße 40/41
10178 Berlin

The controller determines the purposes and means of processing of personal data alone or jointly with others (e.g. names, contact data, etc.).

Revocation of your consent to data processing

Some data processing operations are possible only with your explicit consent. A revocation of your already granted consent is possible at any time. An informal notification by e-mail is sufficient for the revocation. The legality of the data processing carried out until revocation remains unaffected by the revocation.

Right to complain to the competent supervisory authority

As a data subject, you have the right to lodge a complaint with the relevant supervisory authority in the event of a breach of data protection regulations. The competent supervisory authority with regard to data protection law matters is the national data protection officer of the state in which the registered office of our company is located. The following link provides a list of data protection officers and their contact details: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data that we process by automated means on the basis of your consent or in the performance of a contract handed over to you or to third parties. The data shall be provided in a machine-readable format. If you request the direct transfer of the data to another responsible party, this shall only take place if it is technically feasible.

Right to information, rectification, blocking, deletion

You have the right to receive free information about your stored personal data, the origin of the data, its recipients and the purpose of the data processing at any time within the framework of the applicable legal regulations and, if necessary, the right to rectification, blocking or deletion of this data. You can contact us at any time via the contact options listed in the imprint, in this regard and also with further questions on the subject of personal data.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content that you send to us as a site operator, our site uses SSL or TLS encryption. As a result, the data that you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the “https://” address bar of your browser and by the lock symbol in the browser bar.

Server log files

• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

Data transmission at contract conclusion for the purpose of purchase and dispatch of goods

Personal data shall only be transferred to third parties if this is required for the purpose of contract processing. Third parties can be, for example, payment service providers or logistics companies. Further transmission of the data does not take place unless you have expressly agreed to such transfer.

The basis for data processing is Article. 6 (1) point b of the GDPR, which permits the processing of data for the purpose of performance of a contract or pre-contractual measures.

Registration on this website

To use certain features, you can register on our website. The transmitted data is used exclusively for the purpose of using the respective offer or service. Mandatory information requested during registration must be provided in full. Otherwise, we will refuse registration.

In the event of important changes, for example for technical reasons, we shall inform you via e-mail. The e-mail will be sent to the address specified during registration.

The processing of the data entered during the registration takes place on the basis of your consent (Article 6 (1) point a GDPR). A revocation of your already granted consent is possible at any time. An informal notification by e-mail is sufficient for the revocation. The legality of the already carried out data processing remains unaffected by the revocation.

We will store the information we collect during the registration over the period you are registered on our website. If you cancel your registration, your data will be deleted. Legal retention periods remain unaffected.

Contact form

Data submitted via the contact form will be stored, including your contact details, in order to be able to process your inquiry or to be available for follow-up questions. This data will not be passed on without your consent.

The processing of the data entered in the contact form takes place exclusively on the basis of your consent (Article 6 (1) point a GDPR). A revocation of your already granted consent is possible at any time. An informal notification by e-mail is sufficient for the revocation. The legality of the data processing operations carried out until revocation remains unaffected by the revocation.

Data transmitted via the contact form will remain with us until you ask us to delete it, withdraw your consent for storage or until there is no longer any need for data storage. Mandatory legal provisions – in particular retention periods – remain unaffected.

Newsletter data

In order to send our newsletter, we need an e-mail address from you. A verification of the given e-mail address is necessary and the receipt of the newsletter is to be consented to. Supplementary data is not collected or is voluntary. The data is used exclusively for the purpose of sending the newsletter.

The processing of the data provided during the newsletter registration will be exclusively based on your consent (Article 6 (1) point a GDPR). A revocation of your already granted consent is possible at any time. For revocation, an informal notification by e-mail is sufficient or you can unsubscribe via the “unsubscribe” link in the newsletter. The legality of the already carried out data processing operations remains unaffected by the revocation.

Data entered to set up the subscription will be deleted if you unsubscribe. If this data has been transmitted to us for other purposes and elsewhere, this data shall remain with us.

CleverReach

We use CleverReach to send newsletters. The supplier of this service is CleverReach GmbH & Co. KG, Muehlenstr. 43, 26180 Rastede. This service enables us to organize and analyze the newsletter dispatch. The information you enter to receive the newsletter, such as your e-mail address, is stored on CleverReach’s servers. Server locations are Germany or Ireland.

The newsletter delivery with CleverReach allows us to analyze the behavior of the newsletter recipient. The analysis shows, among other things, how many recipients have opened their newsletter and how often links were clicked in the newsletter. CleverReach supports conversion tracking to analyze whether a previously defined action, such as a product purchase, has occurred after clicking a link. For details on CleverReach data analysis please refer to: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.

The data processing registration takes place on the basis of your consent (Article 6 (1) point a GDPR). A revocation of your already granted consent is possible at any time. For revocation, an informal notification by e-mail is sufficient or you can unsubscribe via the “unsubscribe” link in the newsletter. The legality of the already carried out data processing operations remains unaffected by the revocation.

If you do not wish that analysis to be carried out by CleverReach, you must unsubscribe from the newsletter. For cancellation, an informal notification by e-mail is sufficient or you can unsubscribe via the “unsubscribe” link in the newsletter.

Data entered to set up the subscription will be deleted from our servers and from the CleverReach servers upon cancellation. If this data has been transmitted to us for other purposes and elsewhere, this data shall remain with us.

For details on the CleverReach’s privacy policy please refer to:https://www.cleverreach.com/de/datenschutz/.

Order processing

In order to fully comply with legal data protection requirements, we have concluded an order processing contract with CleverReach.

YouTube

For the purpose of integration and display of video content our website uses plugins from YouTube. The provider of the video portal is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

When a page with an integrated YouTube plugin is called up, a connection is established to the YouTube servers. Thereby, YouTube will find out which pages of our website you have visited.

YouTube can assign your surfing behavior directly to your personal profile if you are logged in to your YouTube account. You can prevent this by logging out beforehand.

The use of YouTube is in the interest of an attractive presentation of our online offers. This constitutes a legitimate interest in the sense of Article 6 (1) point f GDPR.

For details on how user data is handled, please refer to the YouTube privacy statement at:https://www.google.de/intl/de/policies/privacy.

Cookies

Our website uses cookies. These are small text files that your web browser stores on your device. Cookies help us make our services more user-friendly, effective and more secure.

Some cookies are “session cookies.” Such cookies will be automatically deleted after your browser session has ended. However, other cookies remain on your device until you delete them yourself. Such cookies help us recognize you when you return to our website.

With a modern web browser you can monitor, restrict or prevent the setting of cookies. Many web browsers can be configured to automatically delete cookies when the program is closed. Disabling cookies may result in limited functionality of our website.

The setting of cookies, which are necessary for the exercise of electronic communication processes or the provision of certain functions of your choice (e.g. shopping cart), is carried out on the basis of Article 6 (1) point f GDPR. As the operator of this website, we have a legitimate interest in the storage of cookies for the technically error-free and smooth provision of our services. If other cookies are set (e.g. for analysis functions), these are dealt with separately in this privacy statement.

Google Analytics

Our website uses features of the Google Analytics web analytics service. The provider of the web analytics service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses “cookies.” These are small text files that your web browser stores on your device enabling analysis of website usage. Information generated by means of a cookie about your use of our website is transmitted to a Google server and stored there. The server location is usually the United States.

Google Analytics cookies are set on the basis of Article 6 (1) point f GDPR. As the operator of this website, we have a legitimate interest in the analysis of user behavior in order to optimize our website and possibly also our advertising.

IP anonymization

We use Google Analytics in conjunction with the IP anonymization feature. It warrants that Google will shorten your IP address within the member states of the European Union or in other states party to the Agreement on the European Economic Area prior to transmission to the United States. There may be exceptions where Google transmits the full IP address to a server in the United States and shortens it there. On our behalf, Google will use this information to evaluate your use of the website, to create reports on website activity and to provide other services related to website usage and internet usage to us. The IP address transmitted by Google Analytics is not combined with other Google data.

Browser plugin

The setting of cookies by your web browser can be prevented. However, as a result some features of our website may be restricted. You may also prevent the collection of data relating to your website use, including your IP address and subsequent processing by Google. You can do this by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection

You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to our website: Disable Google Analytics.

For details on how user data is handled at Google Analytics, please refer to the Google privacy statement at:https://support.google.com/analytics/answer/6004245?hl=de.

Order processing

In order to fully comply with legal data protection requirements, we have concluded an order processing contract with Google.

Demographics characteristics at Google Analytics

Our website uses the “demographic characteristics” feature of Google Analytics. It can be used to create reports that contain statements about the visitors’ age, gender and interests. This data originates from Google’s interest-related advertising and third-party visitor data. It is not possible to assign the data to a specific person. You can disable this feature at any time. This can be done through the ad settings in your Google account or by generally prohibiting Google Analytics from collecting your data as explained in the section “Objection to data collection”.

PayPal

Our website allows payment via PayPal. The payment service provider is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you pay with PayPal, the payment data you entered will be sent to PayPal.

The transmission of your data to PayPal is based on Article 6 (1) point a GDPR (consent) and Article 6 (1)point b GDPR (for the performance of a contract). A revocation of your already granted consent is possible at any time. Past data processing operations will remain in effect upon revocation.

Instant transfer

Our website allows payment via “instant transfer.” The provider of the payment service is Sofort GmbH, Theresienhoehe 12, 80339 Munich.

By means of the “instant transfer” procedure we receive a real time payment confirmation from Sofort GmbH, allowing us to start with the fulfillment of our obligations immediately.

When paying with “instant transfer”, your PIN and TAN will be sent to Sofort GmbH. The payment provider logs into your online banking account, automatically checks your account balance and makes the transfer. An immediate transaction confirmation follows. Your transactions, the credit limit of your overdraft facility, and the existence of other accounts and their balance are also automatically checked after logging in.

In addition to PIN and TAN, the transmission to Sofort GmbH also includes payment data as well as your personal data. Your personal data includes first and last name, address, telephone number(s), email address, IP address and any other data necessary for payment processing. This data transfer is required in order to establish your identity without any doubt and to prevent fraud.

The transmission of your data to Sofort GmbH is based on Article 6 (1) point a GDPR (consent) and Article 6 (1) point b GDPR (for the performance of a contract). A revocation of your already granted consent is possible at any time. Past data processing operations will remain in effect upon revocation.

For details on payment via instant transfer please refer to:
https://www.sofort.de/datenschutz.html und https://www.klarna.com/sofort/.

Google AdWords and Google Conversion-Tracking

Our website uses Google AdWords. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

AdWords is an online advertising program. As part of our online advertising program, we work with conversion tracking. After clicking on an ad placed by Google, a conversion tracking cookie is set. Cookies are small text files that your web browser stores on your device. Google AdWords cookies lose their validity after 30 days and do not serve to personally identify the users. The cookie allows Google and us to recognize that you have clicked on an ad and that you have been redirected to our website.

Each Google AdWords customer is assigned a different cookie. The cookies are not traceable via websites of AdWords customers. Conversion cookies are used to generate conversion statistics for AdWords customers who use conversion tracking. AdWords customers will learn how many users clicked on their ad and were redirected to pages with conversion tracking tags. However, AdWords customers do not receive any information that will allow them to personally identify the users. If you do not wish to participate in tracking, you may object to the use. The conversion cookie must be deactivated in the user settings of the browser. This means that no recording in the conversion tracking statistics shall take place.

Conversion cookies are stored on the basis of Article 6 (1) point f GDPR. As the operator of this website, we have a legitimate interest in the analysis of user behavior in order to optimize our website and possibly also our advertising.

For more details on Google AdWords and Google conversion-tracking, please refer to Google’s privacy policy at:https://www.google.de/policies/privacy/.

With a modern web browser you can monitor, restrict or prevent the setting of cookies. Disabling cookies may result in limited functionality on our website.

We will store your order and the entered order data. We will send you an order confirmation by e-mail containing the complete order data. You also have the option of printing both, the order and the general terms and conditions, before sending the order to us. If you have set up a customer account with us, you can also access the orders you have placed at any time via this account.

4. Right of withdrawal for consumers

The following right of withdrawal applies only for consumers:

Cancellation Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us (ASKANIA AG, Kurfuerstendamm 170, 10707 Berlin, Tel. +49 +49 30 364 28 51-60, Fax +49 30 364 2851-77, E-Mail: service@askania-berlin.de) by means of a clear declaration (e.g. a letter, fax or e-mail sent by mail) that you have decided to withdraw from this contract. You can use the enclosed sample withdrawal form, which is not compulsory. In order to maintain the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall return all payments we have received from you, including delivery costs (except for any additional costs that may arise from this, if you have chosen a different type of delivery than the most favorable standard delivery offered by us), immediately and within fourteen days from the date on which we received your notice of withdrawal from this contract. We will use the same payment method you used in the original transaction for this refund, unless otherwise expressly agreed with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case not later than within fourteen days from the day on which you have informed us of the withdrawal from this contract. The period is deemed to have been met if you send the goods before the fourteen-day period expires. We shall bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary for checking the quality, properties and functioning of the goods.

The right of withdrawal does not apply for the following contracts:

Contracts for the supply of sealed goods which are not suitable for return due to health or hygiene reasons, if their seal has been removed after delivery.

5. Sample withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it.)

To

ASKANIA AG
Rosenthaler Straße 40/41
10178 Berlin

Fax +49 30 364 28 51-77

E-Mail: service@askania-berlin.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase

of the following goods (*)/provision of the following service (*)

ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if communicated on paper)

Date

(*) Delete as applicable.

6. Prices

All prices are inclusive of the statutory value added tax, any customs duties and all other price components and shipping costs. We deliver free of charge. We ship with GLS or another provider of our choice.

7. Payment terms

7.1 Payment can be made either by advance payment or via PayPal. If you select the advance payment, we will give you our bank details in the order confirmation and will deliver the goods within 3 – 5 days after the delivery of your transfer order to your bank. The invoice amount is to be transferred to our account within one week after receipt of the invoice. If you choose to pay by PayPal, you will be taken directly from the order process to the payment pages of the payment company where you will carry out the payment yourself.

8. Terms of delivery

8.1 The service is provided in Berlin.

8.2 We deliver exclusively within Germany and to the following countries: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary,

8.3 Unless otherwise stated in the offer, the goods shall be delivered to you within three days of the transfer order to your bank.

9. Warranty and liability

The warranty is provided in accordance with the statutory provisions.

10. Customer service

Please contact us if you have any questions, complaints or reclamations. You can reach us Monday to Friday from 9:00am until 5:00pm on +49 30 364 28 51-60 or by e-Mail at service@askania-berlin.de.

11. ASKANIA vouchers

Vouchers are valid for 3 years from the end of the year in which the voucher was purchased. Our vouchers can be redeemed at our ASKANIA flagship store in the Hackesche Hoefe in Berlin (Rosenthaler Strasse 40/41, Hackesche Hoefe, Hof 1, 10178 Berlin) and at the ASKANIA Atelier at Kurfuerstendamm 170 in Berlin (Kurfuerstendamm 170, Palais Holler, 10707 Berlin).

12. Legal order, place of jurisdiction

The place of jurisdiction and place of performance shall be the registered office of the seller if the customer is a merchant, a legal person under public law or a special fund under public law.

13. Other

13.1 The contract languages are German and English.

13.2 If one or more provisions of these General Terms and Conditions are invalid, the remaining provisions of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions