GENERAL CONDITIONS OF PURCHASE OF BÖRLIND GMBH
1. SCOPE OF APPLICATION
1.1 These general conditions of purchase (GCP) shall apply exclusively to all contractual relations (also to all future contractual relations) in which we (Börlind GmbH, Lindenstraße 15, D-75365 Calw) procure goods or services from other companies, governmental entities, or special governmental estates (hereinafter “Supplier”). These GCP shall be an integral part of the contract between the Supplier and us, except if agreed otherwise for the according order. The statutory provisions shall apply complementary and subordinate to these GCP.
1.2 Differing or contrary terms of the Supplier shall not apply – except if we have expressly agreed upon in writing – even if we perform a contract or accept delivery or services without reservation despite our knowledge of eventually differing or contrary terms of the Supplier provided or referred to in its order confirmation, delivery documents, and/or invoice.
1.3 Börlind has commissioned the payment service provider CrefoPay (CrefoPayment GmbH & Co. KG, Feurigstraße 59, 10827 Berlin, Germany) to accept customer payments. However, CrefoPay is only an external payment service provider and not a seller of goods. The use of the CrefoPay payment service is free of charge for customers. When placing an order, the customer must agree to CrefoPay's activities, in particular the collection and processing of their order and payment data. CrefoPay's terms and conditions and privacy policy can be viewed, downloaded, and printed here (only in German).
2. OFFER AND CONCLUSION OF CONTRACT
2.1 The Börlind range in this online shop is intended for customers to submit purchase offers (orders). The ordering process in the ANNEMARIE BÖRLIND online shop is as follows:
The customer can select ANNEMARIE BÖRLIND brand products and place them in the shopping cart. The selection is made by clicking on the “Add to cart” button, although this does not yet constitute a binding order. Selected products can be removed from the shopping cart at any time.
The ordering process is carried out from the shopping cart in the following steps:
- Checkout
- Log in/Order as a guest
- Billing address
- Delivery address (if different from billing address)
- Shipping
- Payment method
- Order overview
- Place order
2.2 Börlind stores the contract text of the order received and sends the customer an automatic confirmation of receipt by email after receiving the order, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that Börlind has received the customer's order and does not constitute acceptance of the order. The contract is only concluded when Börlind sends a declaration of acceptance in a separate email (“shipping notification”). If, contrary to this, no order confirmation or declaration of acceptance is sent, Börlind accepts the order at the latest upon delivery of the ordered goods.
The customer must provide the billing address and any different delivery address (including a DHL pack station or post office), whereby the fields marked with an asterisk (*) must be filled in. By clicking on the “Continue” button, the customer is taken to the next input screen or overview. The customer then selects the shipping and payment method. The customer can check the selected products and entered data on the following “Order Overview” screen. The customer then submits a binding request to purchase the goods in the shopping cart by clicking on the “Place order” button. Before submitting the order, the customer can change the products, their quantities, and the customer, delivery, and payment data at any time by clicking directly on the respective linked terms or—in the event of cancellation—by closing the browser window or clicking on the “Edit your shopping cart” link at the bottom of the page.
However, the order can only be placed and transmitted if the customer accepts these terms and conditions. On this overview, the fields “I have read the General Terms and Conditions and expressly agree to them” and “I have read the cancellation policy” must be clicked. If these fields are not clicked by the customer, the order cannot be accepted by Börlind. At the end of the ordering process, an order confirmation can be requested (by registered customers).
2.3 For orders placed from outside our domestic market, we partner with Global-e NL B.V., a company of the Global-e group (“Global-e”). Global-e acts as the Merchant of Record for international transactions. This means that for customers placing orders to be delivered internationally, the purchase contract is concluded with Global-e rather than with our company directly.
In order to process international orders, personal data such as your name, billing and shipping address, contact details, payment information, and order details will be transferred to Global-e. This transfer is necessary for the performance of the contract pursuant to Art. 6(1)(b) GDPR, and, where applicable, based on our legitimate interest in enabling international sales pursuant to Art. 6(1)(f) GDPR.
Global-e processes this data as an independent data controller for the purposes of payment processing, tax and customs calculation, fulfillment, delivery, and returns management. Your data may be transferred to countries outside the European Economic Area in accordance with applicable data protection laws and safeguards.
More information on how Global-e processes personal data, your rights as a data subject, and how to contact Global-e’s Data Protection Officer you can find under the links at checkout to Global-e's Terms and Conditions.
We recommend that international customers review Global-e’s privacy documentation carefully, as it forms an integral part of the checkout process for international orders.
3. PRICES AND PAYMENT
3.1 All prices include VAT and other price components and are subject to shipping costs. All prices refer to the specified number of pieces or quantities. No additional taxes or fees apply.
3.2 Acceptable payment methods include invoice, direct debit, SOFORT transfer, credit card (VISA and Mastercard), PayPal, and Apple Pay. Payment is made via the payment service provider CrefoPay, whose terms and conditions the customer must accept when selecting the payment method to place a binding order. When paying by credit card, SOFORT transfer, PayPal, or Apple Pay, the customer's account will be debited upon acceptance of the purchase offer by Börlind. Acceptance of payment by invoice or direct debit is subject to a positive credit check by the payment service provider CrefoPay. In the case of payment by invoice, the purchase price is due within 30 days of receipt of the goods, and the direct debit is honored within four banking days of receipt of the goods.
4. DELIVERY AND SHIPPING COSTS
The prices of the products displayed on the site do not include shipping costs. The method and amount of shipping costs are specified during the ordering process before you confirm the order. The applicable taxes in your selected country will be displayed at checkout. Delivery times may vary depending on postcode and delivery destination. All orders are shipped from our warehouse in Germany.
5. RETENTION OF TITLE
5.1 The delivered goods remain the property of Börlind until the purchase price has been paid in full.
5.2 In the event of third-party seizures, in particular in the event of attachments and confiscations, the customer must notify Börlind immediately. The third party must be informed of the retention of title without delay.
6. WARRANTY
7. CANCELLATION POLICY
8. INFORMATION ON DATA PROTECTION ACCORDING TO EU GDPR
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we work with infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, from whom we receive the necessary data. On behalf of infoscore, we are providing you with the following information in advance in accordance with Art. 14 of the EU GDPR:
infoscore Consumer Data GmbH is a consumer credit agency. It operates a database in which credit information on private individuals is stored. On this basis, infoscore provides credit reports to its customers. Customers include, for example, credit institutions, leasing companies, insurance companies, telecommunications companies, receivables management companies, mail order, wholesale and retail companies, as well as other companies that supply or provide goods or services. Within the framework of legal regulations, some of the data contained in the credit database is also used to supply other company databases, including for address trading purposes.
The infoscore database stores information about individuals' names, addresses, dates of birth, email addresses (if applicable), payment behavior, and shareholdings. The purpose of processing the stored data is to provide information about the creditworthiness of the person in question. The legal basis for this processing is Art. 6 (1f) GDPR. Information about this data may only be provided if a customer credibly demonstrates a legitimate interest in knowing this information. If data is transferred to countries outside the EU, this is done on the basis of the so-called "standard contractual clauses," which you can view at this link or have sent to you from there.
The data will be stored for as long as its knowledge is necessary to fulfill the purpose of storage. As a rule, this knowledge is required for an initial storage period of three years. After this period, a review is carried out to determine whether storage is still necessary; otherwise, the data is deleted on the exact day. If a matter is resolved, the data is deleted on the exact day three years after the resolution. Entries in the debtor register are deleted on the exact day three years after the entry order in accordance with Section 882e of the Code of Civil Procedure. Legitimate interests within the meaning of Article 6 (1f) of the EU GDPR can include: credit decisions, business initiation, shareholdings, claims, credit checks, insurance contracts, and enforcement information.
You have the right to information about the personal data stored about you by infoscore Consumer Data GmbH. If the data stored about you is incorrect, you have the right to have it corrected or deleted. If it cannot be determined immediately whether the data is incorrect or correct, you have the right to have the data blocked until the matter is clarified.
If your data is incomplete, you can request that it be completed. If you have given your consent to the processing of the data stored by infoscore, you have the right to revoke this consent at any time. Revoking your consent does not affect the legality of the processing of your data based on your consent until such time as you revoke it. If you have any objections, requests, or complaints regarding data protection, you can contact the data protection officer at infoscore GmbH at any time. They will assist you quickly and confidentially with all data protection issues. You can also complain about the processing of your data by infoscore to the state data protection officer responsible for your federal state.
The data that infoscore stores about you comes from publicly accessible sources, from debt collection agencies, and their customers. To describe your creditworthiness, infoscore creates a score based on your data. The score includes data on your age and gender, address information, and, in some cases, payment history. This data is weighted differently in the score calculation. infoscore customers use the scores as a tool in making their own credit decisions.
Right to object
The data stored at infoscore is processed for compelling legitimate reasons of creditor and credit protection, which regularly outweigh your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims. You may only object to infoscore processing your data for reasons arising from a specific situation relating to you and which must be proven. If such specific reasons are proven to exist, the data will no longer be processed there. If you object to the processing of your data for advertising and marketing purposes, the data will no longer be processed for these purposes. The controller within the meaning of Art. 4 No. 7 EU GDPR is infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden. The general contact email address of infoscore GmbH is: datenschutz@boniversum.de.