Terms and Conditions
The Bad Seeds Company GmbH
Ahrensfelder Weg 8
Telefon: 0049 0170 44 31 242
Registergericht: Amtsgericht Lübeck; HRB : 600 AR 898/16 HL
Vertretungsberechtigte Geschäftsführerin: Barbara Trenti, Katrin Taylor Voss
Inhaltlich verantwortlich gemäß § 10 Absatz 3 MDStV: Barbara Trenti, Katrin Taylor Voss
1.Scope of application
These terms of business shall regulate the complete business relationship between the customer
and the provider The Bad Seeds Company UG.
"Customers" in terms of these Terms of Business shall be both consumers and traders.
"Consumer" in terms of these Terms of Business shall be any natural person with whom a business relationship is established and who is acting outside his/her trade, business or selfemployed professional activities.
"Trader" in terms of these Terms of Business shall be any natural or legal person, and any partnership having legal capacity, with whom/which a business relationship is established and who/which is acting within his, her or its trade, business or self-employed professional activities.
2. Conclusion of contract
Any offers in the online shop shall be subject to alteration without notice. This means that The Bad Seeds Company UG, in case of non-availability of items offered, shall not be obliged to perform. To be valid, any conclusion of contract implying a contractual obligation with respect to the individual services shall require written confirmation of the order by the Bad Seeds Company UG.
If an item is not (or only partially) available, we will inform you accordingly without any delay. We shall promptly reimburse you for any payments made.
3.Payment and shipping
The following payment and shipping terms shall apply:
the Bad Seeds Company UG shall deliver the goods ex-warehouse Lübeck. Any obvious defects or short quantities shall be reported in writing and without delay (within 8 days). Defective items shall be returned at the expense of Fair Deal Trading GmbH, using an adhesive parcel label made available for this purpose.
Any transport damage shall be confirmed by the delivery agent in the course of the delivery. It is not always possible to avoid small deviations in size, colour, shade or workmanship. For any non-obvious defects, a 3 months complaint period shall apply.
Prices shall be as in the price list current at the date of the order and as shown on the web pages. Payment and delivery shall be made exclusively by using the payment systems/service providers listed on the home page. Any invoice prices are end consumer prices and include value added tax. Prior to conclusion of the contract, the shipping costs applying for the relevant shipment mode and the destination specified shall be shown to the customer in a costs preview on the internet site; such shipping costs may vary depending on the shipment mode and destination. All transportation costs shall be payable when activating the total order.
the Bad Seeds Company UG retains title to the goods delivered until paid for in full.
The goods' quality may vary due to the used materials, some of which are natural. Furthermore, the products are handmade, which may also cause variations in workmanship. Any sizes indicated shall be approximate sizes. The rendering of colours shall not be binding on us.
In the event that the Bad Seeds Company UG, due to circumstances amounting to force majeure (included, but not limited to war, strike, natural disaster), cannot perform its contractual obligations, it shall be relieved of its obligations under the contract for the duration of such circumstances. If the impossibility to execute the order and/or deliver the goods due to force majeure persists more than one month, the customer shall be entitled to rescind the contract.
6. Cancellation right
The consumer may cancel his or her order, within a time limit of two weeks and without stating a reason, either by giving notice in text form (letter, fax, e-mail) or by returning the goods. The time limit begins to run no earlier than the date on which the information about the cancellation right is delivered in text form, however it shall not begin to run unless the goods have been delivered to the consumer.
Timely despatch of the cancellation notice or the goods to the afore-mentioned address shall be deemed sufficient for adherence to the time limit.
If the goods have been used, a compensation for loss of value may be claimed. Pursuant to § 312 d para. 4 of the German Civil Code [BGB], the cancellation right shall not apply, among others, to the delivery of newspapers, magazines or illustrated magazines, audio or video recordings (i.e. CDs or DVDs) or software if the supplied data carriers have been unsealed by the consumer.
Pursuant to the German Teleservices Data Protection Act [TDDSG], the German Interstate Media Services Agreement [MDStV], the German Federal Data Protection Act [BDSG] and other legal provisions on data protection, the user is hereby informed that any personal data provided in the course of his registration will be stored, processed and used, in a machine-readable manner, exclusively for such purposes as were specified by the user. Your data will be kept strictly confidential and will not be forwarded to third parties for any - including commercial - purposes. For a complete execution of your order, we cooperate with
service providers to whom we submit certain information (name, first name, street address) related to your order. Such service providers are responsible for the delivery of goods or handling of payments (credit card, invoice or direct debit). Our service providers shall use the information exclusively for the purpose stated above and shall not forward them to third parties.
8. Final provisions
These Terms of Business shall be governed by the law of the Federal Republic of Germany. With respect to consumers acting outside their commercial or professional activities when entering into the contract, this choice of law shall apply only in so far as the consumer is not deprived of the protection provided by compulsory law of the state where he has his normal place of abode. The place of jurisdiction for traders shall be at the place of the provider's registered office. The contract language is German. Should any provision hereunder be or become void, this shall not affect the validity of the remaining provisions. In such case, the parties shall replace, by mutual consent, the void provision by such substitute provision as shall come closest, in economic terms, to what the parties had intended. Subject to modification without notice / errors and omissions excepted.
We take the protection of your personal data very seriously. It is our declared intention to inform users of our website when and for what purpose we save data and how we use it. As a private law company we are subject to the German Federal Data Protection Act and the German Telemedia Law.
We have taken measures to ensure that we and our external service providers comply with data protection regulation.
SECURE DATA TRANSMISSION
The personal data you enter when visiting our website, e.g. when you order online, is transmitted in encrypted form. Our encryption system is the industry standard SSL (Secure Sockets Layer), which is in use worldwide for many leading web applications. In order to protect your data against unauthorised access or fraud, we have extensive technical and operative security measures in place.
These security standards are regularly reviewed and are up-dated in line with technological developments. Subject to statutory provisions, we accept no liability for damages or adverse effects incurred by computer viruses.
DELIVERY BY DHL
In order to inform you of delivery up-dates and status, we transmit the data of the delivery address and your e-mail address to our carrier Deutsche Post DHL Group (Go Green).
If you subscribe to our newsletter, we use a cookie with an expiry time of 14 days. In any case, it is ensured that upon expiry of each of those time periods, no data from us remains on your device.
In addition, this website uses Google Analytics, a web analysis service from Google Inc. (‘Google’).
The processing and evaluation of data is carried out in EU and non-EU countries (e.g. Google Analytics in the USA). The web analysis service uses the collected information to analyse your use of the website and to collate reports on website activities for us. Furthermore, they are used to deliver services linked to website use and online use. The web analysis service may transmit the information to third parties, provided it is prescribed by law or the third party processes the data on behalf of the web analysis service. In no case will the web analysis service link your IP address with other data of the web analysis service. The analysis of data we receive is without reference to personal details. By using this website, you consent that Google processes the collected data for the purpose and in the way described above. You may object to the collection of data by Google Analytics with effect for the future by installing a deactivating add-on tool in your browser (http://tools.google.com/dlpage/gaoptout?hl=de).
FACEBOOK ‘LIKE’ BUTTON
On our sites we have integrated plugins for the social network Facebook, 1601 South California Avenue,
Palo Alto, CA 94304, USA. You will recognise the Facebook plugin by the Facebook logo or the ‘Like’ button
on our website. An overview of Facebook buttons can be found here
When you visit our website, a direct link between your browser and the Facebook server is established via
the plugin. Facebook thereby receives the information that your IP address has visited our website.
USE OF GOOGLE +1
With the help of the Google +1 button you can publish information worldwide. Via the Google +1 button you and other users receive personalised content by Google and their partners. Google saves the information that you have rated content with +1 as well as information on the site that you viewed while clicking +1.
Your +1 together with your profile name and your picture may be displayed in Google services for information
purposes such as in search results or in your Google profile or at other locations on websites and in advertisements on the internet. Google collects information on your +1 activity to improve Google services
for you and others. To use the Google +1 button you need a worldwide publicly available Google profile that
contains at least the name chosen for the profile. This name will be used for all Google services. In some cases this name can replace other names that you have used for sharing content via your Google account.
The identity of your Google profile can be displayed to users who either know your e-mail address or have
other identifying information.
USE OF COLLECTED INFORMATION
Apart from the purpose of usage described above, the information provided by you may be used in accordance
them on to partners like publishers, advertisers or linked websites.
RIGHT OF DISCLOSURE AND WITHDRAWAL
At all times you have the right to obtain information on any of your customer-related data we have saved,
including the origin and the recipient of data for purposes of data processing. At all times you may request
us to correct or block the saved data. Without giving reason you may withdraw your consent allowing us to
process and use your data. Should you have any questions relating to the saving, processing or use of
your personal data, please do not hesitate to contact our data protection officer and he will be happy to
discuss your issues.
By accessing our website, you agree with us that all concerns regarding access and their use are exclusively subject to German law. We expressly point out that the use of our website is at your own risk. We assume no liability for damages resulting from direct or indirect use of provided information. No liability is accepted for lost profits, business interruption, loss of programs and program parts or other data in your information systems. We strive to provide an up-to-date and error-free quote, but we would like to draw your attention to the fact that we do not guarantee the accuracy and completeness of the information provided. We are not obliged to update the content, but at any time we are entitled to change or remove content without notice.