Terms & Conditions
Part I: General Terms and Conditions
Part II: Information on Consumers' Right of Withdrawal
Part I - General Terms and Conditions
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the merchandise presented in the Shop „thewhiteribbon“ is Dora Hoffmann, Paul-Lincke-Ufer 35, 10999 Berlin, phone +49 176 87463214, e-mail info [!at] thewhiteribbon.com (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. The Vendor hereby objects to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the merchandise presented in the Shop “thewhiteribbon” for sale to the Customer. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable.
(2) Selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in either English or German.
(3) The Customer shall select the merchandise desired by placing it in his “Cart” (“Warenkorb”). When the cart contains all merchandise desired, the Customer proceeds to the checkout by clicking on “Checkout” (“Zur Kasse”). The following page titled “Customer information” shall display a summary, so that the Customer can check for any incorrect input. On this page, the Customer can place his order with the Vendor by clicking on the button “Continue to shipping method” (“Weiter zur Zahlungsart”); where the order will be placed with the Vendor by clicking on the button “Complete order” (“Kaufen”) on the page titled “Transaction confirmation” (“Transaktion bestätigen”). Until the order is transmitted to the Vendor, the Customer may go back one or multiple steps in the browser to modify the data input or to completely discontinue the order.
(4) The Vendor is making a binding sales offer for the merchandise presented in his shop. By transmitting the order using the button “Complete order” (“Kaufen”), the Customer accepts the sales offer; The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(5) The content of a contract concluded is stored by Shopify in the Vendor’s user accounts. After conclusion of a contract, Shopify shall also send an e-mail with the content of the contract to the Customer. Beyond that, the Vendor neither saves the content of the contract nor does he provide access to it outside the Shopify platform.
(6) The Vendor shall inform the Customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are total prices plus shipping costs. Prices include VAT.
(2) The shipping costs are listed and calculated at "Check out" ("Kasse").
(3) The Customer can pay by credit card (VISA, MasterCard, American Express). In the Cart section, additional means of payment may be available, such as PayPal or Bitpay.
(4) Customer payments may be received by Stripe Payments Germany on behalf of the Vendor. Stripe Payments shall forward the amount paid to the Vendor.
(5) The Vendor reserves ownership of the delivered goods until the Customer has paid their purchase price in full.
(6) Where deliveries are made to countries outside the European Union, customs or acquisition tax for imported goods may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
Section 4 – Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites.
(2) A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers' rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer's national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 5 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 6 – Alternative dispute resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution at ec.europa.eu/consumers/odr („ODR platform“).
(2) The provider is neither obliged nor willing to participate in an out-of-court consumer dispute resolution procedure.
Section 7 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Part II: Information on Consumers' Right of Withdrawal
Information on the right of withdrawal for goods delivered by post
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Dora Hoffmann, Paul-Lincke-Ufer 35, 10999 Berlin, phone +49 176 87463214, e-mail info [!at] thewhiteribbon.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or Sobejko / Hoffmann c/o thewhiteribbon, Paul-Lincke-Ufer 35, 10999, Berlin, GERMANY without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions from the right of withdrawal
The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
- To Dora Hoffmann, Paul-Lincke-Ufer 35, 10999 Berlin, e-mail info [!at] thewhiteribbon.com:
- I/We (﹡) hereby give notice that I/We (﹡) withdraw from my/our (﹡) contract of sale of the following goods (﹡) / for the provision of the following service (﹡),
- Ordered on (﹡) / received on (﹡),
- Name of consumer(s),
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper),
(﹡) Delete as appropriate.
(1) Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data in connection with our offers. Personal data is any information that relates to an identified or identifiable natural person.
(2) The person responsible (“controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed by the provider of this merchandise is: Dora Hoffmann, Paul-Lincke-Ufer 35, 10999 Berlin, phone +49 176 87463214, e-mail info [!at] thewhiteribbon.com (hereinafter referred to as “we”).
(3) When you conclude a contract with us on thewhiteribbon, Shopify will transmit to us your name and the billing address as provided when placing your order. If you have specified additional information with the order (e.g. a different shipping address or a phone number), they also will be transmitted to us.
(4) We process the data referred to in paragraph 3 electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. This data processing is based on Article 6 par. 1 b GDPR. We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
(5) To conclude a contract between you and us, it is necessary that we receive your name and a shipping address. Without providing this data, you cannot conclude a contract with us.
(6) When we ship physical goods in order to perform a contract, we may transmit your name and shipping address to Deutsche Post (Deutsche Post AG, 53113 Bonn) or DHL (DHL Paket GmbH, 53113 Bonn) as the shipping service provider, for the purpose of delivering the shipment to you and, if necessary, for returns back to us, on the basis of Article 6 par. 1 b GDPR.
(7) To process your payment, the payment service provider chosen by you will collect and process, on your behalf, your name, your credit card or account number and/or further data necessary for the chosen payment method.
When you return a delivery to the third-party returns service given in our right-of-withdrawal information, that returns service will receive and process the data according to the previous sentence as a processor to manage your return on our behalf.
(8) If you send us a message by e-mail, we will save your message along with the sender details (your name and e-mail address) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 (1) f GDPR). For the reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR. We will erase the information collected from your message no later than six months after the last communication with you, subject to the following paragraph.
(9) If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
(10) You may find Social Media Buttons on the Vendor's website; they can be recognized by the logos of the social media platforms (hereinafter “platforms”) (Facebook: blue “f”, Pinterest: red “p”, Twitter: blue bird silhouette). These are links to the respective platforms. Clicking on such a link calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
(11) We do not use any automated decision-making or profiling.
(12) With regard to your personal data we process, you have the following rights:
a) You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
b) You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
c) You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
d) You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
e) We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
f) You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
g) As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
(13) RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
(14) IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
(15) If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.