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General Terms and Conditions
Scope of application
The following Standard Business Terms apply to all contracts concluded between you and Musterbrand Inc. (hereinafter "Musterbrand") pertaining to the purchase and delivery of goods from our online store, regardless of the means of telecommunications used.
Our offerings in the online store are subject to change without notice. Article descriptions are updated on an ongoing basis, however we cannot rule out errors in individual cases. Goods will only be sold in commercially common quantities.
You can order your goods in USD. We cannot accept orders in other currencies. The prices specified are subject to state sales tax if applicable. You may find shipping costs that will additionally be charged listed on our page "Delivery & shipping".
Please note there is no free exchange for reduced clearance items. All sales on clearance items are final. Our return policy is not affected by this, you can return those items within 30 days for a full refund.
Registration & use of the online store
You are responsible for providing truthful and complete information when entering your personal data required for registration. You are obligated to treat your personal access data confidentially and not to provide access to unauthorized third parties.
In addition, you are solely responsible for comments and product evaluations you post in the online store. These may not violate any rights of third parties. We are not obligated to store or publish the content you provide.
You may only maintain a single customer account at one time. We reserve the right to delete multiple registrations and/or to delete or change any content you provide if it violates applicable law.
Orders, contract conclusion & delivery
By clicking the button "Order payment obligation", you are placing a binding order for the articles contained in your shopping cart. An order confirmation will be sent immediately to the e-mail address you provided. We will then review your order and prepare the your purchases for shipment. You will be informed of the shipment of the goods by e-mail. In the case of "pre-orders", we will send you a written "certificate" regarding your order after receiving your payment. Goods will be shipped when they become available.
A legally effective purchase contract is only concluded upon shipment of the goods, or in case of "pre-orders", after the "certificate" is sent.
We will inform you in the event individual articles are temporarily not available for delivery. In such cases, we will first send you the articles in your order that are in stock. We will send the article(s) to be delivered later immediately upon availability, free of additional shipping charges.
We will notify you should individual articles not be available or no longer be available and refund any payment already made. If an effective purchase contract has already been concluded at that point in time, we have the right to revoke all agreements regarding the unavailable articles, provided it is not a temporary delivery problem, the unavailability is not our responsibility, we cannot purchase the goods elsewhere on a timely basis. In this case, we will inform you immediately and will refund any prior payments immediately.
Payment & retention of title
In case of doubt, the purchase price is due immediately. Different options are available to you for payment. These are listed on our page "Payment options".
We retain title to the goods until payment has been made in full.
We are liable to for any damages you incur as a result of gross negligence or malicious action on our part, gross negligence or malicious action on the part of our management staff or culpable injury to life, limb, or health. Otherwise – regardless of the legal ground – we only bear liability in the event of culpable violation of material contractual obligations that are essential to achievement of the purpose of the contract, and in the event of the malicious or grossly negligent action of ordinary agents. In these cases, our liability is limited to the damages typically foreseeable upon conclusion of the contract. For each individual case, our liability is limited to three times the invoice amount of the delivery in question. The foregoing is without prejudice to liability pursuant to US product liability law and any other mandatory legal regulations. In all other cases, our liability is excluded.
Changes or additions to the contract and these Standard Business Terms must be made in writing. This applies equally to any change to this requirement for the written form.
Offset against our claims is only permitted in the case of counterclaims which are uncontested or which have finally been determined by a court. The exercise of retention rights not based on the same contractual relationship is excluded.
Should individual provisions of these terms be or become void, ineffective, and/or impracticable in whole or in part, this shall not affect the effectiveness of the remaining provisions.
The place of fulfilment and payment is the State of New Jersey. The laws of the State of New York apply, with the exception of any regulations on international private law. The applicability of the UN Convention on the International Sale of Goods (UNCISG) is excluded. This selection of jurisdiction applies to consumers only to the extent that the consumer is not deprived of protection granted by mandatory regulations of the law of the country in which he or she customarily resides.
If you are a businessperson, legal entity under public law, or a public-law special fund, then the exclusive jurisdiction is the State of New York; however, we are also entitled to file suit in any other legal jurisdiction.
The privacy of your personal data is very important to Musterbrand Inc ("Musterbrand"). We would like to inform you at this point of how we collect, store, and use your data. Of course, we follow the requirements of US federal and state law, and other data privacy laws.
Your sensitive data is transmitted to us in a form that is encrypted by digital security systems. Our website is furthermore protected by technical measures against damage, destruction, or unauthorized access.
Personal data is the subject matter of data protection. This means specific information about personal and factual matters concerning a natural person, such as name, postal address, email address, credit or debit card numbers and other data about payment instruments, age, interests, and any usage data such as IP addresses.
Data collection and storage
You provide us with personal data in the course of using our website. We collect and store this personal data only to the extent necessary to provide the service or to execute the contract. It may also be necessary to provide your personal data to companies that we engage to perform the service or to handle the contract. These are for example payment service providers, transportation companies and other service providers.
In particular, your personal data is collected and stored:
• If you log in or register for a customer account through the site,
• If you order a product or view content on our website,
• If you register for a newsletter, or
• If you leave a comment or a product evaluation.
We primarily use your personal data:
• To process your purchases and returns,
• To answer your questions and/or requests, and
• To personalize your visit to the site by presenting you with customized products and offers.
After your order has been completely processed, your data is blocked and then deleted after expiration of applicable tax and trade law regulations, unless you have explicitly agreed to any other use of the data.
If you have registered your email address for our newsletter, we will also use your email address beyond the processing of the contract for our own advertising purposes, until you cancel your subscription to the newsletter.
Collection and storage of usage data
To optimize our Web site, we collect and store data such as the date and time of page retrieval, the page from which you accessed our site, and similar information. This is carried out on an anonymous basis without personally identifying the user of the site. If necessary, user profiles are prepared using a pseudonym. Even in this case, there is no link between the natural person behind the pseudonym and the usage data collected. We also use "cookies" to collect and store usage data. Cookies are small text files stored on your computer that are used for the storage of statistical information such as the operating system, browser, IP address, the previously called Web site (referrer URL) and the date/time. We only collect this data for statistical purposes to continue to optimize our homepage and to make our Internet offering even more attractive. Collection and storage takes place only in anonymized or pseudonymized form and cannot be used to identify you as a natural person.
Of course, you can also view our Web site without cookies. If you do not want us to recognize your computer, you can prevent the storage of cookies on your hard drive by selecting "Do not accept cookies" in your browser settings. The details of how that works can be found in the instructions from your browser manufacturer. If you do not accept cookies, however, this could lead to functional restrictions in our offerings.
Data collection by third-party plug-ins
The integration of plug-ins by third-party providers can cause information about you, such as your operating system, browser, IP address, the page currently being retrieved, the previous page retrieved (referrer URL) and the date/time of the page visit, to be transmitted to them as soon as you access our Web site. We hereby inform you that we have no specific knowledge of the content of the data transmitted or of its use by the third-party providers. Please obtain this information from the specific providers.
Specifically, we use the following plug-ins:
Our Web site uses Google Analytics, a Web analytics service of Google, Inc. The "cookies" set by Google Analytics transmit information about the usage of our Web site to a Google server in the United States, where it is stored. Google uses this information to evaluate your use of our Web site, to prepare reports about Web site activity for the operators of the Web site, and to provide additional services associated with Web site usage and Internet usage. Insofar as legally required or insofar as third parties process this data at Google's request, Google will also provide this information to those third parties. Data is used in anonymized or pseudonymized form. You can prevent data collection by Google Analytics by installing this browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=de
More information: http://www.google.com/analytics/privacyoverview.html
Our Web site uses [x+1], a Web analytics service of [x+1], Inc. The "cookies" set by [x+1] transmit information about the usage of our Web site to a [x+1] server in the United States, where it is stored. [x+1] uses this information to evaluate your use of our Web site, to prepare reports about Web site activity for the operators of the Web site, and to provide additional services associated with Web site usage and Internet usage. Insofar as legally required or insofar as third parties process this data at [x+1]'s request, [x+1] will also provide this information to those third parties. Data is used in anonymised or pseudonymised form. You can prevent data collection by [x+1] by opting out through the following website:http://www.xplusone.net/privacy-2/
More information: http://www.xplusone.net/privacy/
Our Web site uses Criteo, a Web analytics service of Criteo GmbH. The "cookies" set by Criteo transmit information about the usage of our Web site to a Criteo server, where it is stored. Criteo uses this information to evaluate your use of our Web site, to prepare reports about Web site activity for the operators of the Web site, and to provide additional services associated with Web site usage and Internet usage. Insofar as legally required or insofar as third parties process this data at Criteo's request, Criteo will also provide this information to those third parties. Data is used in anonymised or pseudonymised form. You can prevent data collection by Criteo by opting out through the following website: http://www.criteo.com/en/privacy-policy
More information: http://www.criteo.com/en/privacy-policy
Our Web site integrates plug-ins from the social media network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize them from the Facebook logo or the classical "Like button" ("Gefällt mir"). A complete overview of all Facebook plug-ins can be found at: http://developers.facebook.com/docs/plugins/ When you visit our site, your data is directly transmitted to the Facebook servers. While you are logged into your Facebook account, Facebook can associate the visit to our pages with your user account. To prevent this, please log out of your Facebook user account first. You can use the "Like button" to link the content of our pages to your Facebook profile.
More information: http://www.facebook.com/policy.php
This Web site uses the "Pin it" button from the social media network Pinterest, operated by Pinterest, Inc., 808 Brannan St, San Francisco, CA 94103, USA. The data transmitted by clicking on the "Pin it" button is stored by Pinterest and can be associated with your user profile. To prevent this, you must first log out of your Pinterest account.
More information: http://pinterest.com/about/privacy/
Earmarked data use
We follow the principle of earmarked use of data, and collect, process, and storage your personal data only for the purposes for which you disclosed it to us. No disclosure of your personal data to third parties will take place without your explicit agreement, unless it is necessary for provision of the service or execution of the contract. The transmission of data to government institutions and officials entitled to notification only takes place in accordance with legal disclosure obligations or if we are required to transmit such data by court ruling.
We also take data privacy seriously within the company. Our employees and the service providers we engage are obligated by us to confidentiality and to observe data privacy regulations.
Right to notification and revocation
You can obtain information about your data that we have stored, free of charge at any time without needing to specify a reason. You can block or correct your data that we have collected, or have it deleted, at any time. You can also revoke your permission to collect or use your data at any time, without needing to specify a reason. To do this, please contact us at:
1407 Boradway, Suite 1905
New York, NY 10018
We are at your service for any additional questions about our information about data privacy and the processing of your personal data.
Please note that data privacy regulations and actions concerning data privacy, for example at Google, may change at any time. It is therefore advisable and necessary to stay informed of changes to legal regulations and the practices of companies on an ongoing basis.