GENERAL TERMS & CONDITIONS
The following Terms and Conditions apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The contract is concluded with 10kmore GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for contract formation are German and English.
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
The following payment methods are basically available in our online shop.
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, directly after the formation of the contract, the payment transaction is automatically carried out and charged to your card.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
SOFORT Online Bank Transfer by klarna
After submitting the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must be in possession of a bank account that is activated for participation in online banking, must identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.com
), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna. When buying on account with Klarna you always receive the goods first and you always have a period of 14 days for payment. The complete terms and conditions for the purchase on account can be found here
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/
. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
12. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Responsible for the processing of data is:
Thank you for visiting our online shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.
1. Access data and hosting
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request.
These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f) GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.
Third-party hosting services
Data are also processed by a third-party provider that we have engaged to render hosting and website presentation services on our behalf. This provider processes on its servers all data that are collected in the manner specified below when you visit our website or fill in forms made available for this purpose in our online shop. Data are processed on other servers only in the scope described herein.
This service provider is based in the USA and is certified to the EU-US Privacy Shield. The current certificate can be looked up here
. Based on this agreement between the USA and the European Commission, the latter has recognised entities certified to the Privacy Shield as those ensuring an adequate level of data protection.
2. Data collection and use for processing the contract, making contact and for opening a customer account
We collect personal data that you voluntarily submit to us when you place an order or contact us (e.g. via contact form or by email). Mandatory fields are marked as such because we absolutely need those data to perform the contract or process your contact request and you would otherwise not be able to complete your order or send the contact request. It is evident in each input form what data are collected. We use the data that you disclose to us to perform the contract and process your enquiries according to Art. 6 (1) 1 lit. b) GDPR.
As far as you have given your consent according to Art. 6 (1) 1 lit. a) GDPR by creating Your customer account, we use Your data for the purpose of opening the customer account.
Upon completion of the contract or deletion of your customer account, any further processing of your data will be restricted, and your data will be deleted upon expiry of the retention period applicable under relevant regulations, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by law, of which we inform you in this notice. Your customer account can be deleted at any time. For this purpose you can either send a message to the contact option specified below or use the relevant function available in the customer account.
3. Transfer of data
We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to Art. 6 (1) 1 lit. b) GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies.
We use the services of payment providers and logistics providers which have their registered offices outside the EU. Personal data are disclosed to these companies only to the extent required to perform the contract.
Disclosure of data to a shipping provider
If, when or after placing your order, you have given your express consent to us doing so, we disclose your e-mail address and phone number to the selected shipping provider based on that consent according to Art. 6 (1) 1 lit. a) GDPR, in order to enable the shipping provider to contact you to advise you of the delivery or agree with you the delivery details.
You may revoke your consent at any time by sending a message to the contact option described below or by directly notifying the shipping provider at the contact address specified below. After you revoke your consent, we will delete the data disclosed for this purpose, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
DHL Paket GmbH
Data transfer to debt collection companies
In order to fulfil the contract according to Art. 6 para. 1 s. 1 lit. b GDPR, we forward your data to an authorised debt collection agency if our payment claim has not been settled despite a previous reminder. In this case, the claim will be collected directly by the collection agency. In addition, the transfer of data serves to safeguard our legitimate interests in an effective assertion or enforcement of our payment claim in accordance with Art. 6 para. 1 s. 1 lit. f GDPR that are overriding in the process of balancing interests.
4. Email newsletter
E-mail advertising if you subscribe to the newsletter
If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to Art. 6 (1) 1 lit. a) GDPR, using the data required or disclosed by you separately for this purpose.
You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address. This service provider is based in an EU or EEA member state.
5. Cookies and web-analysis
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser during your next visit (persistent cookies). This serves the protection of our legitimate interests in the optimised presentation of our offer according to Art. 6 (1) 1 lit f GDPR that are overriding in the process of balancing of interests.
Cookies are also used for market research and for suitable product advertisements. Further information on this can be found in the notes for the respective tool below. You can find the storage period in the overview function in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or whether to exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, however, the functionality of our website may be restricted. Below you will find information on the cookies we use and the settings that can be made in your browser.
Necessary cookies: These cookies are necessary to enable you to use our website. This includes e.g. cookies that enable you to log into the customer area or add items to your shopping cart.
Analytical / performance cookies: These cookies enable collecting anonymised data about user behaviour on our website. We analyse them e.g. to improve the functionality of our website and recommend you products that will be interesting to you.
Functionality cookies: These cookies are used for certain features of our website, e.g. to improve the website’s navigation, or deliver to you customised and relevant information (e.g. ads that match your interests).
Targeting cookies: These cookies record information about your visit to the website, previously viewed pages and links you clicked. We use this information to tailor our website and displayed ads to your interests.
Third-party cookies: The cookies of some of our advertising providers help make the on-line offering and our website more attractive to you. Therefore, cookies of our partner providers are also saved to your hard disk when you are visiting our website. These are temporary cookies and are automatically deleted after a specific timeframe. As a rule, cookies of our partner providers are deleted a few days or up to 24 months later, or in some cases after several years. Cookies of our partner providers do not collect personal data, either. They will collect exclusively pseudonymised data under a user ID. These pseudonymised data will not be associated with your personal data at any time.
How can I change cookie settings in my browser? Every browser has a different policy for managing the cookie settings. The browser’s policy is described in the Help menu of every browser and explains how you can change your cookie settings. To find out how to change the settings in your browser, see the links below:Internet Explorer™Safari™Chrome™Firefox™Opera™
6. Social Media
To find out more about the purpose and scope of collection, further processing and use of the data by the providers on their websites, and to learn about the available contact options and your rights in this respect and how you can customise your browser to better protect your privacy, please see the data privacy policies of the providers:
Our online presence on Facebook, Instagram
Our presence on social networks and platforms serves a better, active communication with our customers and interested parties. We inform there about our products and current special offers.
When you visit our websiteson social media, your data may be automatically collected and stored for market research and advertising purposes. So-called usage profiles are created from these data using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. For this purpose, cookies are usually used on your terminal. The visitor behaviour and the interests of the users are stored in these cookies. This serves in accordance with Art. 6 (1) 1 lit. f) GDPR to protect our legitimate interest in an optimised presentation of our offer and effective communication with customers and interested parties that are overriding in the balancing of interests. If you are asked by the respective social media platform operators for a consent into the data processing, e.g. with the help of a checkbox, the legal basis of data processing is Art. 6 (1) 1 lit. a) GDPR.
If the aforementioned social media platforms are headquartered in the USA, the following applies: The European Commission has adopted a decision on appropriateness for the USA. This goes back to the EU-US Privacy Shield. A current certificate for the respective company can be viewed here
For detailed information on the processing and use of the data by the providers on their pages as well as a contact option and your rights and setting options for the protection of your privacy, in particular opt-out options, please refer to the providers' data protection information linked below. If you still need help, you can contact us.
Possibility to object (opt-out):
7. Contact possibilites and your rights
Being the data subject, you have the following rights according to:
art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein;
art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us;
art. 17 GDPR, the right to request erasure of your personal data stored with us, unless further processing is required
to exercise the right of freedom of expression and information;
for compliance with a legal obligation;
for reasons of public interest or
for establishing, exercising or defending legal claims;
art. 18 GDPR, the right to request restriction of processing of your personal data, insofar as
the accuracy of the data is contested by you;
the processing is unlawful, but you refuse their erasure;
we no longer need the data, but you need it to establish, exercise or defend legal claims, or
you have lodged an objection to the processing in accordance with art. 21 GDPR;
art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;
art. 77 GDPR, the right to complain to a supervisory authority . As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact us directly using the contact data provided in our site notice.
Right to object
If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.
After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.