Terms of Service

Contractual conditions in the context of purchases made via the platform https://idundenmark.com

between Idun Denmark ApS, Drewsensvej 54B, 8600 Silkeborg, phone number +49 0800 1802279, email: service@idundenmark.com, CVR number: 37663972, represented by Director Allan Jensen, referred hereinafter to as "provider" -

and

the customer named in § 2 of the terms - hereinafter referred to as "customer".

§ 1 Scope.

(1) For the business relationship between the webshop provider (hereinafter "provider") and the customer (hereinafter referred to as "customer"), the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider agrees to their validity in writing.

(2) The customer is a consumer when the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, a business customer (B2B) is any natural or legal person or partnership with legal capacity who, accepting the terms, is exercising his commercial or independent professional activity.

§ 2 Acceptance of the terms.

(1) The customer can select products from the assortment of the provider and add them to his shopping cart via the button "add to cart. With the Buy button, he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the items and customer info at any time. However, the purchase can only be made and transmitted if the customer has accepted these terms and conditions by reading and ticking of the box "Accept terms and conditions" and “Accept data privacy policy”.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail (order confirmation), in which the customer's order is listed again and the customer can print it out. The automatic order confirmation merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is not concluded before the invoice is sent by the provider, which is sent with a separate e-mail. In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer on a durable medium (e-mail or paper printout).

(3) The contract is concluded in English.

§ 3 Delivery and availability of goods.

(1) Delivery times specified by us are calculated from the time of our order confirmation during weekdays, assuming instant payment of the goods (except when using Sofort, Klarna or PayPal rate payments). If no or no different delivery time is specified for the respective goods in our online shop, it is:

Germany, Austria, Luxembourg, Belgium, Holland, Denmark, Great Britain, Italy, Poland: 1-2 days;
Ireland: 2-3 days;
Sweden: 2-4 days.
In addition, an express delivery is possible. However, this only applies to deliveries to Germany. If the customer orders the express delivery on a working day before 15:00, it will be delivered to the customer by 12:00 on the next working day.

(2) If the chosen product is not available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently out of stock, no contract between provider and customer can be concluded.

(3) If the product chosen by the customer in the order is only temporarily unavailable, the provider shall inform the customer immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can indicate a delivery address in the same country: Germany, Austria, Luxembourg, Belgium, Holland, Denmark, Great Britain, Italy, Poland, Ireland and Sweden.

§ 4 Ownership of goods.

Until full payment, the delivered goods remain the property of the provider.

§ 5 Prices and delivery costs.

(1) All prices, which are indicated on the website of the provider, are inclusive of value added tax.

(2) The provider delivers to the customers free of charge, with the exception of express deliveries. For express deliveries to Germany there are shipping costs of 11.00 EUR.

(3) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.

(4) In case of a cancellation, the customer has to bear the direct costs of the return.

§ 6 Payment methods.

(1) The customer can make the payment with the following methods:

VISA, Mastercard
Discover
Diners
Paypal
Sofort (Only Germany)
Giropay (Only Germany)

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.

§ 7 Warranty.

(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with business customers (B2B), the warranty period for goods delivered by the supplier is 12 months.

(2) An additional guarantee exists for the goods delivered by the provider, but only if this was explicitly stated in the order confirmation for the respective goods. In case we provide you with a seller's warranty, the details of the warranty terms will be outlined on an enclosed warranty card. Guarantee claims are without prejudice to legal claims / rights.

§ 8 Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations, as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.

(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods.

§ 9 Cancellation Policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form (return).

Cancellation

Withdrawal (returns)

You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us (idun Denmark ApS, Drewsensvej 54B, 8600 Silkeborg, telephone number +49 0800 1802279, email service@idundenmark.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail ) informing of your decision to withdraw from this contract. You can use the example model withdrawal form below, but this is not required.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If the customer withdraws from this Agreement, all payments we have received from the customer, including delivery charges (except for the additional costs arising from choosing a different delivery method than the standard delivery offered by us, e.g. express) we transfer immediately back to the customer, and at the latest within fourteen days from the date on which the notification of the cancellation of this contract has reached us. For this repayment, we use the same means of payment that was used in the original transaction, unless otherwise agreed with the customer. The customer will in no case be charged any repayment fees.

We may refuse to repay until we have received the goods back or until the customer has have provided proof that he has returned the goods, whichever comes first.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the goods, characteristics and / or functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

(3) Return form / information needed:

Withdrawal form

If you want to cancel the contract, then please inform us of the below points:

- Ordered on (*) / received on (*)
- name of the consumer
- address of the consumer
- Which items are returned.
- Signature of the consumer (s) (only when notified on paper)
- date

§ 10 Additional return rights

Without prejudice to your statutory rights, Idun Denmark Aps offers you the following voluntary right of return:
All products can be returned to us within 30 days of receipt of the goods without giving any reason. The return period is 30 days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. We bear the cost of returning the goods, provided you use our return label.
We grant you this voluntary right of return only under the following conditions:

the goods are unused;
the goods are undamaged, and
the goods are complete.
This right of return does not limit your legal rights and therefore not your right of withdrawal as described above.

§ 11 Privacy

Our privacy policy is based on both the TMG and the BDSG.

(1) Use of your data
You are aware that we use your personal data collected during the ordering process for order processing purposes and - insofar as necessary - in this context also to third parties such as:
To fulfill orders
Optimize the webshop
Send newsletters

You can find an overview of the data collected by us under the following link: https://idundenmark.com/data-capture-and-usage

We only pass on personal data to third parties necessary for the processing / fulfilment of the order or if there is a legal obligation to disclose.

Moreover, we use and process your personal data for our own marketing purposes.

You can object to the use and processing of your data for marketing purposes at any time by e-mail to: service@idundenmark.com.

(2) viewing, altering and deleting your personal information
You can view your personal data at any time via a pop-up window on our website, edit and request their deletion.

(3) Right to information, correction, deletion and blocking of your data
Upon request, we will provide you with information about the data stored about you in accordance with § 34 BDSG free of charge. Furthermore, you have the right to request correction, deletion and blocking of your personal data. However, deletion will only be carried out by us once the order process has been completed. The deletion takes place under consideration of the restrictions by the tax office.

(4) Use of cookies
Cookies are files that serve as identifiers. We transmit them to your computer's hard drive using your web browser and can read the cookies during each visit to our websites. With these so-called permanent cookies we use a pseudonym to protect your data. Our short-term cookies are not encrypted by us. However, they are protected against being read by third parties by the security standard of your browser.

The use of cookies will detect your browser. This enables us to give you, a better experience, as we are able to tailor our platform towards your device and browser.

In the help function of your web browser you will find instructions on how to instruct your browser to display new cookies, not to accept a new cookie or to deactivate all received cookies.

In addition, you may object to the creation of your profile at any time by using cookies.

(5) Use of counting pixels
These are small graphics that we use on our websites. If a page is opened by you, the counting pixel is loaded from a server on the Internet and registered with the IP address you use and possibly with your cookie ID (see (4) Use of Cookies). So we can track exactly which pages you visited and what actions you have taken there. No personal data is analyzed or stored in this process. It is only used for quantities studies.

We use the information gained about you to present our advertising on our advertising websites. For this purpose, we also transmit the pixel information to some of our partner companies.

If you do not want an automated personalized experience, you can always object. Send an e-mail to: service@idundenmark.com. In this case, essential cookies are still set. Your personal data however will then no longer be handled by us – except for order fulfilment.

(6) Use of personalized links in newsletters
By signing up to our newsletter, you consent to the automatic evaluation of your interests when retrieving the images in your e-mail program or actively clicking on a link. This allows us to match our offers with your preferences. We do not share this information with our affiliates or with other third parties.

If you do not want an automated experience by retrieving tailored images, you have the possibility to receive our newsletter in plain text format. Here, your interests are only evaluated by actively clicking on a personalized link. At the end of each newsletter is a link that allows you to change the format or opt out of the newsletter.

§ 12 Final Provisions

(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

(3) The contract remains binding even in the case of legal disputes of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties the contract as a whole becomes ineffective.

(4) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.

We are ready to take part in a dispute settlement procedure before a consumer arbitration board. The competent consumer arbitration board is:

General Consumer Arbitration Center of the Center for Mediation e.V.
Strasbourg street 8
77694 Kehl on the Rhine
Telephone 07851/795 79 40
Fax 07851/795 79 41
E-Mail: mail@verbraucher-schlichter.de
Website: www.verbraucher-schlichter.de