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General Conditions of Trade


ARTICLE 1: SCOPE
ARTICLE 2: CONTRACTS
ARTICLE 3: SETOFF, RETENTION
ARTICLE 4: PRICES
ARTICLE 5: PAYMENT
ARTICLE 6: SHIPMENT
ARTICLE 7: REVOCATION, REVOCATION FORM
ARTICLE 8: WARRANTY
ARTICLE 9: FAULTY DELIVERY
ARTICLE 10: LIABILITY
ARTICLE 11: PRIVACY POLICY
ARTICLE 12: TRANSACTIONS WITH TRADERS
ARTICLE 13: SEVERABILITY

 

Article 1: Scope

These General Conditions of Trade, in the wording as currently revised from time to time, shall apply to all and any contracts between the company of OnlineMarket -GLASinJENA- Frank Rothe (hereinafter called "-GLASinJENA-" ) and its customers.
Any regulations deviating from these General Conditions of Trade shall be subject to confirmation by -GLASinJENA- in writing.

Article 2: Contracts

Quotations submitted by H&V Frank Rothe shall be subject to prior sale as well as to the goods being available from the respective supplier. An order shall be considered to have been made when the customer has transmitted the completely filled online ordering form or sent the complete ordering data by mail, telephone or telefax. The customer shall be bound by its order thus transmitted or sent.

Article 3: Setoff, Retention

The customer shall not have the right to set off any purchase price against claims of his own unless such claims have become res judicata or have been admitted by -GLASinJENA-. Moreover, the customer shall not be entitled to execute any right of retention unless his own claim arises out of the same contractual relationship.

Article 4: Prices

The prices charged shall be those valid on the date of ordering. -GLASinJENA- reserves the right to change the prices quoted in the Online Shop. All prices are quoted including VAT as applicable in Germany on the date of ordering.
No VAT is applicable to deliveries made to countries outside the European Union (EU).

Article 5: Payment

The amount due can be paid by either credit card, instant bank transfer (Germany, Austria, Switzerland, Belgium, The Netherlands, Italy, Poland, France, Spain only), or by advance bank transfer (EU only). The ordered goods will be delivered after receipt of payment by -GLASinJENA-.

Once the order has been placed, payment by credit card or instant bank transfer can conveniently be authorised by the customer directly online.
Cash in advance shall be made to the following bank account:

Bank: Deutsche Bank Jena
Bankaddress:
Leutragraben 1, 07743 Jena, Germany
Bank code: 820 700 24
Account No.: 622141000
Account holder: Frank Rothe

International account data:
IBAN: DE57 8207 0024 0622 1410 00
Swift / BIC: DEUTDEDBERF


Please note:

  • Unless no payment transfer has been received on the above bank account within 21 days of submitting the order, the order shall be deemed to have cancelled by the customer.

Article 6: Shipment

As a rule, shipment will be made within three working days after receipt of payment.
When paying with credit card, the delivery will be to the address of the credit card holder only.

Germany

  • Shipments to inland customers will be forwarded by the DPD parcel service or DHL. Bulky goods or large quantity consignments will be forwarded by haulage contractors and delivered up to behind the first lockable door at ground floor level of the consignee's address.
  • For deliveries to consignees in Germany, flat-rate forwarding expenses (inclusive of VAT) will be charged as follows:
    • DPD
      - weight up to 1 kg - 4.90 Euro
      - weight up to 3 kg - 5.40 Euro
      - weight up to 5 kg - 5.90 Euro
      - weight up to 10 kg - 6.90 Euro
      - weight up to 30 kg - 7.90 Euro
    • DHL
      - weight up to 1 kg - 5.90 Euro
      - weight up to 5 kg - 6.90 Euro
      - weight up to 10 kg - 8.90 Euro
      - weight up to 31 kg - 12.90 Euro
    The forwarding expense according order as shown on the ordering form.
  • For shipping to german islands extra charges are possible.
  • Orders over 100 Euro are free of forwarding cost.
  • No minimum order quantity.

Foreign countries

  • Forwarding expenses to consignees in other countries vary with weight as shown on the ordering form.
  • In case of deliveries to countries not shown on the ordering form, -GLASinJENA- will contact you for information on the mode of shipment and the costs involved.
  • For shipping to special territories/islands extra charges are possible.
  • If applicable costums duty and VAT of their respective countries are not considered.
  • Deliveries in countries of the EU over 300 Euro are free of forwarding cost.
  • No minimum order quantity.

Article 7: Power of revocation, Revocation form

Right of revocation

You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 (fourteen) days from the date on which you or a third party nominated by you, other than the carrier, take possession of the goods.
To exercise your right of revocation, please inform us of
OnlineMarket -GLASinJENA-
Frank Rothe
Westbahnhofstr. 8
07745 Jena
Germany
Phone: +49 (0)3641 320026
Fax: +49 (0)3641 236218
E-mail: E-Mail
within a unique declaration (e.g. a letter sent by mail, fax or e-mail) of your decision to cancel this contract. You can optionally use the following sample revocation form (see below).
To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.

Consequences of revocation

If you cancel this contract, we are obliged to repay all payments that we have received from you including delivery charges (except for additional costs arising from choosing a different type of delivery to the cheap, standard delivery offered by us) without delay and at the latest within fourteen (14) days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner. You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen day period.
You must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods.
Our revocation form opens/is downloaded by clicking on the following link: REVOCATION FORM

Article 8: Warranty

If any goods we delivered to you should have obvious defects of material or workmanship, or have suffered any damage in transit, please file complaint to us without delay. Failure to do so, however, shall not impair your legal claims. For all defects of the purchased goods that occur during the legal warranty period, you can legally claim, at your choice, either subsequent delivery, repair or replacement, and – if the law so permits – further claim a price reduction or revocation of the contract.

Article 9: Faulty Delivery

If a delivery contains wrong or defective items, -GLASinJENA- will bear the cost of return shipment. In this case, please state the order number and the cause of the return shipment, so that -GLASinJENA- can arrange for picking up the goods from your place.
In case of any trouble, please contact us by

Phone: +49 (0)3641 320026
Fax: +49 (0)3641 236218
E-mail: E-Mail
 

Article 10: Liability

-GLASinJENA- disclaims any liability for any breach of collateral duties, especially with regard to the protection of industrial property rights. Exempted from this disclaimer is the liability for damages caused by gross neglect of duty by -GLASinJENA-, its organs, legal representatives or agents. In case of any death or personal injury or bodily harm as well as in case of any breach of an essential contractual obligation, liability for damages caused by intentional or negligent breach of duty is also exempted from the disclaimer. This also applies to the direct liability of the organs, legal representatives and agents of -GLASinJENA-.

Article 11: Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

OnlineMarket -GLAS in JENA-
Frank Rothe
Westbahnhofstrasse 8
07745 Jena
Germany

Telephone: +49 (0)3641 320026
Email: Email

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

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

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.

To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.

We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.

Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.

Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Data transmitted when entering into a contract with online shops, retailers, and mail order

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

4. Social media

Facebook plugins (Like & Share buttons)

Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.

When you visit our site, a direct connection between your browser and the Facebook server is established via the plugin. This enables Facebook to receive information that you have visited our site from your IP address. If you click on the Facebook "Like button" while you are logged into your Facebook account, you can link the content of our site to your Facebook profile. This allows Facebook to associate visits to our site with your user account. Please note that, as the operator of this site, we have no knowledge of the content of the data transmitted to Facebook or of how Facebook uses these data. For more information, please see Facebook's privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.

Twitter plugin

Functions of the Twitter service have been integrated into our website and app. These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. When you use Twitter and the “Retweet” function, the websites you visit are connected to your Twitter account and made known to other users. In doing so, data will also be transferred to Twitter. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by Twitter. For more information on Twitter's privacy policy, please go to https://twitter.com/privacy.

Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/account/settings.

Google+ plugin

Our pages use Google+ functions. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Collection and disclosure of information: Using the Google +1 button allows you to publish information worldwide. By means of the Google+ button, you and other users can receive custom content from Google and our partners. Google stores both the fact that you have +1'd a piece of content and information about the page you were viewing when you clicked +1. Your +1 can be displayed together with your profile name and photo in Google services, for example in search results or in your Google profile, or in other places on websites and advertisements on the Internet.

Google records information about your +1 activities to improve Google services for you and others. To use the Google + button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used by all Google services. In some cases, this name may also replace a different name that you have used to share content via your Google account. The identity of your Google profile can be shown to users who know your email address or other information that can identify you.

Use of collected data: In addition to the uses mentioned above, the information you provide is used in accordance with the applicable Google data protection policies. Google may publish summary statistics about users' +1 activity or share it with users and partners, such as publishers, advertisers, or affiliate websites.

Pinterest plugin

Our website contains functions of the Pinterest social network, operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA.

When you visit a page containing the Pinterest social plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits this log data to Pinterest servers in the United States. This log data may include your IP address, the address of the websites visited, which also includes Pinterest features, browser type and settings, the date and time of the request, how you use Pinterest, and cookies.

More information about the purpose, scope and further processing and use of data by Pinterest, as well as your rights and options to protect your privacy, can be found in the privacy notices of Pinterest: https://about.pinterest.com/de/privacy-policy.

5. Analytics and advertising

Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google's privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

6. Plugins and tools

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.

7. Payment service providers

Sofortüberweisung

Our website accepts payments via Sofortüberweisung. The provider of this service is Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.

Sofortüberweisung provides us with real-time payment confirmations, allowing us to begin fulfilling our end of our contract right away.

If you opt to pay using Sofortüberweisung, you will be submitting a PIN and a valid TAN to Sofort GmbH so that it can access your online banking account. Sofort GmbH will automatically check your account balance and perform the transfer to our account using the TAN you supply. It then sends an immediate transaction confirmation. After logging in, your income, the overdraft protection, and the availability of other accounts and their balances will be checked.

In addition to the PIN and TAN, the payment details you provide as well as personal information will be sent to Sofort GmbH. This personal information includes your name, address, telephone numbers, email address, IP address, and any other data required to process your payment. This data must be transferred to identify you securely and to prevent fraud.

Data is transmitted to Sofort GmbH based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.

Please refer to the payment with Sofortüberweisung links below: https://www.sofort.de/datenschutz.html and https://www.klarna.com/sofort/.

Article 12: Transactions with Traders

The above provisions governing the right of revocation and return shipments shall not apply to transactions with traders. In cases of sale to the trade, the statutory provisions for traders shall apply, the place of jurisdiction for both parties shall be Jena, and the contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany.

Article 13: Severability

If any provision of these General Conditions of Trade should be or become entirely or partly invalid, this shall not affect the validity of all other provisions hereof. The invalid provision shall be replaced with relevant statutory provisions. The same shall apply in case these General Conditions of Trade should have any unforeseen gap.

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