GTC
General Terms and Conditions (GTC)
The General Terms and Conditions of NICHOLAS GmbH (hereinafter referred to as ‘GTC’) consist of General Conditions (hereinafter referred to as ‘General Conditions’) and Special Conditions (hereinafter referred to as ‘Special Conditions’). The Special Conditions apply to the products and services listed below and take precedence over the General Conditions. The General Conditions apply insofar as no provisions have been made in the Special Conditions. Insofar as only partial provisions are made in the Special Conditions, the General Conditions shall apply additionally in this regard.
General Terms and Conditions
Special Terms and Conditions for Print Data, Professional Data Check
Special Terms and Conditions for Foodstuffs
General Terms and Conditions
§ 1 Scope, Subject Matter of the Contract, Language
(1) All products and services offered by NICHOLAS GmbH (hereinafter referred to as ‘NICHOLAS’ or “we”) to customers (hereinafter referred to as ‘customer’) are subject to these General Terms and Conditions. This does not apply to vouchers, which are subject to separate voucher terms and conditions.
(2) With regard to the details of a product or service offer, reference is made to the product description on the respective offer page or to an offer submitted to the customer.
(3) These General Terms and Conditions apply to the conclusion of contracts for products and services (including options that can be added during the order process) and under the following domains (hereinafter referred to as ‘Shop’):
• https://www.bistrobiscuit.de
as well as in NICHOLAS stores and for individual enquiries (please refer to the Special Conditions for Individual Orders).
(4) The customer's terms and conditions shall not apply at any time, even if we do not expressly object to their validity.
(5) Terms and conditions of third parties to which we refer in these General Terms and Conditions or in the context of
order processing shall apply in addition to our General Terms and Conditions, unless we have made provisions in our General Terms and Conditions. In the event of contradictions, our General Terms and Conditions shall take precedence. If, in exceptional cases, the terms and conditions of third parties are to be observed first, we shall explicitly point this out.
(6) Contracts with customers are concluded exclusively in German.
§ 2 Conclusion of contract, contract text, client, contract term for continuing obligations, subsequent changes
(1) The conclusion of the contract depends on whether the contract is concluded via the shop (see paragraph 2) or via the enquiry form, email or individual order (see paragraph 3).
(2) Conclusion of contract in the shop
a. Our offers in the shop are subject to change, non-binding and merely represent an invitation to submit offers.
b. The customer adds the desired products to the shopping cart. After logging into the
customer account, which requires the prior creation of a customer account, or, if the shop offers the option of placing an order without a customer account (guest order), after entering all address and payment details, and acceptance of these General Terms and Conditions, the customer submits a binding offer to purchase the relevant products or to book the selected service by clicking on the ‘Buy now’ button or the button with the corresponding wording on the order completion page.
c. The customer can correct input errors at any time before submitting the contractual declaration by changing or removing products in the shopping cart or by going back through the browser.
d. If the payment method is ‘prepayment’, we will send the customer an email confirmation of receipt of the offer immediately after receiving their order, which also constitutes acceptance of the offer by NICHOLAS. For all other payment methods, we will send the customer an email confirmation of receipt of the offer immediately after confirmation of payment by the payment service provider or any successful credit check, which immediately constitutes acceptance of the offer by NICHOLAS.
(3) Conclusion of contract via enquiry form, email or individual order
a. After the customer has sent us an enquiry about a product or service via an enquiry form on our website, by telephone or by email, the customer will receive an offer from us by email. This offer, which also contains a reference to these General Terms and Conditions, constitutes the offer in the legal sense. The period of validity can be found in the respective offer. If no special provision has been made in the respective offer, the offer is valid for 7 working days from the date of the offer.
b. The customer accepts the offer by notifying us of this by email within the offer period.
c. Immediately after receiving the customer's acceptance, we will send the customer an email confirmation of receipt of their acceptance of the contract.
(4) Conclusion of contract for print data, layout and design services
a. Based on the customer's enquiry via the form provided in our shop, by email, by telephone or in our store, we will prepare a quote, which we will place in the customer's account, provided that a customer account has been created beforehand. We will inform the customer of this immediately by email. The offer is subject to change, non-binding and merely constitutes an invitation to submit an offer.
b. After logging into their customer account, the customer clicks on the ‘Accept’ button to access their shopping basket in our shop. The customer can add further products to the shopping basket. After selecting the payment method and accepting these General Terms and Conditions, the customer submits a binding offer to book the selected service and to purchase the other products in the shopping basket by clicking on the ‘Buy now’ button or the button with the corresponding wording.
c. In all other respects, paragraph 2 (c) and (d) shall apply.
(5) We store the contract text and send the customer the order details by email. If a customer account exists, the customer can view past orders in their customer account, but without the terms and conditions valid at the time of the order.
(6) For customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the following also applies:
a. For orders with delivery to third parties, the purchaser is considered the client. If the delivery is made to third parties for their benefit or if the recipient of the delivery is enriched in any other way by taking possession of and further using the delivery, the purchaser and the recipient of the delivery are jointly considered to be the client. By placing such an order, the purchaser tacitly assures that the recipient's consent has been obtained.
b. In the case of orders on behalf of third parties, regardless of whether in their own name or in the name of another, the purchaser and the invoice recipient are jointly considered to be the client. A subsequent
change to the invoice after it has already been issued at the request of the purchaser to a different invoice recipient means that this invoice recipient is tacitly joining the debt. By placing such an order, the customer tacitly assures that the invoice recipient has given their consent to this.
(7) Subsequent changes to the order initiated by the customer, i.e. after the order has been accepted, shall only be made on the basis of a separate agreement between NICHOLAS and the customer, in which the parties shall also agree on the costs.
(8) The conclusion of the contract between NICHOLAS and the customer is subject to
conflicting national or international regulations, such as country-specific and person-specific embargoes, etc. In the event that the acceptance or execution of an order constitutes a violation of national or international regulations, NICHOLAS will not accept or execute the order. Any costs incurred as a result of cancelled orders due to a violation of national or international regulations (including legal costs) shall be borne by the customer. We are not obliged to refund any payments already made by the customer if this violates legal requirements. Any claims for damages by the customer due to a rejection or non-execution of the order by NICHOLAS within the scope of the embargo or sanctions list check are excluded. The checking of orders against embargo or sanctions lists may result in delays in the provision of services by NICHOLAS.
§ 3 Prices and payment
(1) Price information –
a. Unless otherwise stated in the order or on the respective product page, our prices include packaging, shipping to one delivery address (with the exception of Saturday delivery) and statutory value added tax, but do not include shipping to multiple delivery addresses. Customs duties and similar charges are to be borne by the customer.
b. The following applies to NICHOLAS mailings: Unless otherwise stated in the order or on the respective product page and depending on the order, our prices include the production of the advertising mailings, packaging, packing and postal delivery, delivery to the agreed households and statutory value added tax. Customs duties and similar charges are to be borne by the customer.
(2) Payment methods - The payment methods available for the respective products/services on the various NICHOLAS websites are based on the payment methods listed in the respective shops or offers.
a. If offered as a payment method in the individual shops, payment can be made in advance, by bank transfer (SEPA transfer), direct debit (SEPA Direct Debit), credit card (Mastercard, Visa, American Express), PayPal, direct debit or purchase on account.
b. The use of individual payment methods listed under point a) in the individual shops may be subject to further requirements (e.g. customer status as a consumer or a positive credit check).
c. In order to process the payment, it is sometimes necessary for customers to provide personal data, which we pass on to our third-party providers for the purpose of processing the payment. Further information on this can be found in our privacy policy.
d. The payee to whom payments are to be made depends on the payment method selected by the customer in the respective shop.
e. In the case of individual orders, the customer will receive an invoice from NICHOLAS, whereupon payment with discharging effect can only be made directly to the bank account specified by NICHOLAS in the invoice. We reserve the right to request a deposit from the customer for individual orders in the amount to be determined on a case-by-case basis in the form of advance payment.
f. When paying by credit card, the customer's credit card account will be charged when the customer submits the offer.
(3) Sales staff and technical staff are not authorised to collect cash payments, with the exception of amounts up to EUR 2,000.00 against the provision of a cash sales receipt.
(4) Due date – The payment period depends on the selected payment method and will be communicated to the customer as part of the selected payment method.
(5) The customer agrees to the transmission of invoices by email in PDF format to the email address provided by the customer as part of the order.
§ 4 Contractual right of withdrawal for NICHOLAS
The production of an order may be dependent on the approval of third parties (e.g. our suppliers or brand owners). If this is the case for the products we offer, customers will find a corresponding note on the product page. We reserve the right to withdraw from the contract in cases where third-party approval is not granted.
§ 5 Cancellations
(1) Orders may only be cancelled in the following statuses: ‘Order placed’, ‘Data uploaded’, ‘Data received’, ‘Incorrect data’, ‘Data check OK’, ‘New data coming’, ‘Reminder: incorrect data’, ‘Data missing’, ‘Reminder: data missing’, ‘Reminder: data missing CD’, ‘Print approval given’, ‘Print approval missing’, ‘Reminder: print approval missing’,
‘Prepayment paid’ and ‘Reminder: prepayment unpaid’. Cancellations in a later status are not possible.
(2) Individual items in the shopping basket cannot be cancelled. The shopping cart can only be cancelled in its entirety. If only one item in the shopping cart is in a later status than those listed in paragraph 1, cancellation is no longer possible, even if another item is still in an earlier status.
(3) Cancellations can be requested by the customer themselves and exclusively via their customer account, with the exception of orders placed via NICHOLAS-mailings.
(4) The following special provisions apply to the cancellation of orders via NICHOLAS-mailings.com:
a) The following applies to orders for ‘production and transport’: Cancellations of orders are only possible in the statuses ‘order incomplete’, ‘data missing’, ‘data received’ and ‘data incorrect’. Cancellations in a later status are not possible.
b) For transport with the customer's own print products, the following applies: Orders can only be cancelled in the statuses ‘Print products pending’ and ‘Print product received’. Cancellations in a later status are not possible.
c) Cancellations can be requested by the customer themselves via their customer account. In addition, partial cancellations are possible in individual cases by email or telephone. However, this option depends on various options for the respective individual order.
(5) The following special provisions apply to the cancellation of orders:
Orders can only be cancelled free of charge within 24 hours of receipt of the order confirmation (via email). After this, cancellations are possible depending on the production status, subject to payment of a proportionate amount of the order value (with at least 50% of the order value being due).
(6) We are entitled to cancel orders if the customer has not fulfilled their obligations to cooperate (e.g. uploading print data) 10 days after conclusion of the contract and after two requests by us. The same applies in the case of uploading faulty print data; if faulty print data is uploaded several times, the order will be cancelled no later than 30 days after conclusion of the contract.
§ 6 Continuing obligations
(1) If a product or service provided by NICHOLAS is a continuing obligation, this will be indicated in the respective Special Conditions.
(2) Contract term for continuing obligations
a. The contract is automatically extended by the agreed contract term if it is not terminated with 6 months notice before the end of the agreed contract term, unless a longer notice period is communicated for individual products.
b. Notice of termination must be given in writing.
c. The following also applies to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB):
- After the initial contract extension, the customer has the option of terminating the contract at any time with 30 days' notice, either ordinarily or extraordinarily if there is an important reason.
- Consumers can also use the cancellation button in the respective shop.
§ 7 Right of withdrawal
The cancellation policy and information on the exclusion of the right of withdrawal can be found here.
§ 8 Order data, data transfer, data carriers, intermediate products
(1) The data must be transferred to us in the file formats specified by us. For
deviating file formats, we cannot guarantee error-free performance on our part, unless this format has been approved by us in writing. The customer is fully liable for the accuracy of this data, even if there are data transfer or data carrier errors for which we are not responsible. NICHOLAS is not obliged to check the data.
(2) When transferring data, the customer must use state-of-the-art protection programmes for computer viruses before sending the data. Data backup is the sole responsibility of the customer. We are entitled to make copies of the data.
(3) Products to which the customer is entitled, in particular data and data carriers, will only be archived by us beyond the time of delivery of the end product to the customer or its vicarious agents upon express agreement and against special remuneration. If the aforementioned items are to be insured, the customer must arrange this itself in the absence of an agreement. Data on CD/DVD and other order documents will not be returned.
(4) We are entitled, but not obliged, to carry out necessary preparatory work, in particular on the data delivered or transferred by the customer, without consulting the customer if this is in the customer's economic interest or contributes to meeting the completion date of the order. If the customer's data does not meet our specifications and errors occur in the end product as a result of corresponding adjustments to the data, we shall not be liable for these. The customer expressly declares that this work is carried out at their own risk. Complaints are therefore excluded. Such work shall be charged according to the time required.
(5) NICHOLAS is not obliged to surrender intermediate products such as data, lithographs or printing plates created for the production of the final product owed. Deviating agreements are possible and must be agreed in writing.
§ 9 Delivery, shipping, delivery time, partial deliveries
(1) Delivery is only available within Germany.
(2) Unless otherwise agreed, we will determine the appropriate shipping method and transport company at our discretion.
(3) The period relevant for determining the delivery time generally refers to working days (Monday to Friday, with the exception of public holidays in all German federal states – including those that do not apply throughout the entire territory of the Federal Republic of Germany). For deliveries to the German islands, the delivery time is extended by 1-3 working days.
(4) The period relevant for determining the delivery time begins
a) for contracts for the manufacture and delivery of products, one day after receipt of printable data or print approval within the respective deadlines communicated as part of the product configuration and – depending on the agreed payment method – full payment for the products (including VAT); for the payment method prepayment, the date of payment is the date on which payment is received in the bank account specified by NICHOLAS.
b) for contracts for the provision of services, upon conclusion of the contract, fulfilment of the obligations to cooperate specified in the context of the selected service and, depending on the agreed payment method, full payment of the agreed remuneration (including value added tax); If the payment method is prepayment, the date of payment shall be the date on which payment is received in the bank account specified by NICHOLAS.
(5) If the customer does not fulfil their obligations to cooperate in a timely manner or in the agreed manner, the provision of the service by NICHOLAS shall be postponed. Due to random checks of customer layouts by us for violations of applicable law or these General Terms and Conditions, delivery times may also be extended. The provision of services by NICHOLAS shall also be postponed if NICHOLAS becomes aware in individual cases that the layouts submitted by the customer may constitute a violation of Section 18 (4) of these General Terms and Conditions and must first be checked internally before delivery.
(6) We are entitled to make partial deliveries of separately usable products included in an order.
§ 10 Force majeure
(1) We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are due to force majeure or other events that were unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official approvals, official measures or the failure of suppliers to deliver, or to deliver correctly or on time) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we shall be entitled to withdraw from the contract. In the event of obstacles of a temporary nature, the delivery or performance deadlines shall be extended or the delivery or performance dates postponed by the period of the hindrance plus a reasonable start-up period. If, as a result of the delay, the customer cannot reasonably be expected to accept the delivery or service, they may withdraw from the contract by immediately notifying us in writing.
(2) If the hindrance lasts longer than three months, the customer shall be entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from our obligation, the customer cannot derive any claims for damages from this. We can only invoke the aforementioned circumstances if we notify the customer immediately.
(3) The above provisions for force majeure shall also apply if the impossibility of delivery or delays in delivery are caused by a pandemic or epidemic or by their effects, e.g. by officially ordered plant closures or quarantine measures or by hygiene measures to combat the pandemic that impede operational processes.
§ 11 Transfer of risk and place of performance for customers who are entrepreneurs within the meaning of § 14 BGB
(1) The risk shall pass to the customer at the latest upon handover of the delivery item (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies if partial deliveries are made or if we have assumed other services. If shipment or handover is delayed at the customer's request or as a result of circumstances for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for shipment. Storage costs after transfer of risk shall be borne by the customer. The following applies to orders via NICHOLAS-mailings: If we store the goods, the storage costs shall be determined by individual agreement with the customer. Otherwise, the storage costs for storage by us shall amount to 1% of the invoice amount of the delivery items to be stored per week elapsed. We reserve the right to assert and prove further or lower storage costs.
(2) The place of performance for all obligations arising from the contractual relationship is Munich.
§ 12 Unjustified refusal to accept products
If the acceptance of products is unjustifiably refused, we shall charge a
flat-rate compensation fee of EUR 100.00. No value added tax is payable on this claim for damages (§ 249 II 2 BGB). However, the customer has the option of proving that the damage was less, in which case this will be taken as the basis. We also have the option of proving that the damage was greater, in which case this will be taken as the basis. The amount owed under the contract will be invoiced regardless.
§ 13 Retention of title to movable goods
(1) To secure the purchase price claim against our customers, NICHOLAS retains title to the products until the purchase price has been paid in full.
(2) If the customer defaults on payment of the purchase price, NICHOLAS has the right to withdraw from the purchase contract and demand that the customer return the goods subject to retention of title.
(3) The customer is obliged to treat the reserved goods with care. If the reserved goods are seized by third parties, the customer is obliged to indicate our ownership and to inform NICHOLAS immediately in writing of the seizure.
(4) The following applies to customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB):
a. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In the event of resale, the customer hereby assigns to us any claims against the purchaser arising from the resale as security for the purchase price claim.
b. The customer is entitled to process and treat the goods subject to retention of title in the ordinary course of business and to sell the new item in the ordinary course of business. If the customer processes the goods subject to retention of title, the processing shall be carried out in the name and on behalf of NICHOLAS as the manufacturer. We shall acquire immediate ownership of the new item. If the processing is carried out using materials from several owners, we shall acquire a co-ownership share in the new item corresponding to the value of the goods subject to retention of title. If NICHOLAS acquires ownership or a co-ownership share in the new item, NICHOLAS shall transfer its ownership or co-ownership share in the new item to the customer subject to the condition precedent of full payment of the purchase price.
If the goods subject to retention of title are combined or mixed with other items belonging to the customer and the customer's item is to be regarded as the main item, the customer shall transfer to NICHOLAS a co-ownership share in the main item corresponding to the value of the goods subject to retention of title, subject to the condition subsequent of full payment of the purchase price.
If the customer sells the new item or the item created by combination or mixing, the customer hereby assigns to NICHOLAS the claim against the purchaser of this item as security for the purchase price claim. In the event that NICHOLAS has acquired a co-ownership share in this item, the customer shall assign the claim to NICHOLAS in proportion to the value of the co-ownership share.
c. We authorise the customer to collect the claims assigned to us in their own name and on behalf of NICHOLAS.
§ 14 Material defects and defects of title
(1) The following applies to customers who are consumers within the meaning of § 13 BGB (German Civil Code):
a. If the delivered product or service has a material defect, the customer may first demand that we remedy the defect or deliver defect-free products or services. If one or both of these types of subsequent performance are impossible or disproportionate, we are entitled to refuse them. We may refuse subsequent performance as long as the customer does not fulfil their payment obligations to us to an extent corresponding to the defect-free part of the service.
b. We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs; however, we shall not bear any costs incurred as a result of the item being transported to a location other than the place of performance.
c. If the subsequent performance pursuant to paragraph a. fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled, in accordance with applicable law, to withdraw from the contract, reduce the purchase price or demand compensation for damages or reimbursement of his futile expenses. Further claims of the customer, regardless of their legal basis, are excluded or limited in accordance with § 15.
d. The warranty period is 14 days from delivery; if acceptance is required, from acceptance.
e. None of the above clauses is intended to change the statutory or judicial distribution of the burden of proof.
(2) The following applies to customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB):
a. The customer must check the conformity of the products or services with the contract immediately in all cases. The risk of any errors shall pass to the customer upon declaration of readiness for printing/production, unless these are errors that only arose or could only be detected in the production process following the declaration of readiness for printing/production. The same applies to all other declarations of approval by the customer.
b. The customer must carefully inspect the delivered products or services immediately after delivery to them or to a third party designated by them. The delivered product or service shall be deemed to have been approved by the customer if we do not receive a notice of defects regarding obvious defects or other defects that were recognisable during an immediate, careful inspection within five working days of delivery of the delivery item or otherwise within five working days of discovery of the defect or any earlier point in time at which the defect was recognisable to the customer during normal use of the delivery item without closer inspection, in writing, including by fax or email.
c. The obligation to inspect also applies to preliminary and intermediate products sent for correction.
d. If the delivered products or services are defective, the customer may first demand that we remedy the defect or deliver defect-free products or services. Since the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item (the prerequisite for our liability is that the defect is not insignificant). If one or both types of subsequent performance are impossible or disproportionate, we shall be entitled to refuse them. We may refuse subsequent performance as long as the customer does not fulfil its payment obligations to us to an extent corresponding to the defect-free part of the service.
e. At our request, the rejected delivery item must be returned to us carriage paid. Products returned carriage forward will not be accepted.
f. We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel (most economical shipping route), labour and material costs; this does not include costs incurred as a result of the item being transported to a location other than the place of performance.
g. If the subsequent performance pursuant to paragraph d. fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled, in accordance with applicable law, to withdraw from the contract, reduce the purchase price or demand compensation or reimbursement of his futile expenses. Further claims of the customer, regardless of their legal basis, are excluded or limited in accordance with § 15.
h. The warranty period is twelve months from delivery; if acceptance is required, from acceptance. Any delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty. This does not apply to liability for injury to life, limb or health and in cases of gross negligence within the meaning of Section 309 No. 7 b) BGB.
i. None of the above clauses is intended to change the statutory or judicial distribution of the burden of proof.
§ 15 Statutory rights of withdrawal of the parties and other liability of NICHOLAS
(1) The customer's statutory right of withdrawal shall not be excluded or restricted, except in the cases specified in § 14. Likewise, our statutory rights and claims shall not be excluded or restricted.
(2) We shall be liable without limitation only for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents. We shall only be liable for other damages if they are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by our representatives or vicarious agents. We shall continue to be liable without limitation for damages resulting from the non-compliance with guarantees and assurances, as well as for claims arising from hazardous circumstances (in particular under the Product Liability Act) and for breaches of cardinal obligations. Any liability under the principles of recourse by the entrepreneur pursuant to Sections 478 et seq. of the German Civil Code (BGB) shall remain unaffected.
(3) In the event of a simple breach of a cardinal obligation, our remaining liability shall be limited to the foreseeable damage typical for this type of contract.
(4) Otherwise, liability – regardless of the legal basis (in particular claims arising from the breach of primary and secondary contractual obligations, tortious acts and other tortious liability) – is excluded.
(5) The same (exclusions, limitations and exceptions thereto) applies to claims arising from culpa in contrahendo.
(6) In the event of reimbursement of expenses (with the exception of those pursuant to Sections 439 II, 635 II BGB), this Section 15 shall apply accordingly.
(7) Any exclusion or limitation of our liability shall also apply to our legal representatives and vicarious agents.
(8) Cardinal obligations are essential contractual obligations, i.e. obligations that characterise the contract and on which the contractual partner may rely; they are therefore the essential rights and obligations that create the conditions for the performance of the contract and are indispensable for the achievement of the purpose of the contract.
(9) None of the above clauses is intended to change the statutory or judicial distribution of the burden of proof.
§ 16 Notification of transport damage by customers who are entrepreneurs within the meaning of § 14 BGB
(1) The customer must notify the carrier of any loss or damage to the product in accordance with § 438 of the German Commercial Code (HGB). In the case of externally visible damage or missing quantities, this must be done at the latest upon delivery, otherwise (hidden defects) within five working days of delivery. The notification must clearly identify the damage.
(2) A damage report after delivery must be made in writing. Timely dispatch is sufficient to meet the deadline.
(3) Otherwise, Section 438 of the German Commercial Code (HGB) applies.
Section 17 Assignment, right of retention, offsetting
(1) Assignment of claims by our customers against us is excluded. This does not apply to claims for defects by customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
(2) Our customers are not permitted to exercise a right of retention against our claims, unless these are undisputed or legally established or ready for decision.
(3) Our customers are also not permitted to offset their own claims against our claims, unless these are undisputed or legally established or ready for decision.
§ 18 Third-party rights, indemnification, order execution in special cases
(1) The customer guarantees that the templates (in particular image and text files as well as references), content and materials sent to us do not infringe any copyrights, trademarks or other property rights of third parties, general personal rights or other rights of third parties.
(2) The customer declares that they are in possession of the duplication and reproduction rights for the data submitted.
(3) The customer shall indemnify us against all third-party claims upon first request and undertakes to compensate us for any damage incurred by us due to the rights of third parties. This also includes any legal costs incurred by us (lawyer's fees and court costs).
(4) We reserve the right not to execute the order if
• the template, the content of the transferred data, the customer layout or the fulfilment of the order would violate applicable criminal laws or could be punished as an administrative offence;
• the template, the content of the transferred data, the customer layout or the fulfilment of the order violates the permitted labelling of goods shipments and transport exclusions (Special Conditions for www.NICHOLAS-mailings (DIALOGPOST, POSTWURFSPEZIAL, POSTAKTUELL) and Special Conditions for NICHOLAS mailings (PROSPEKTVERTEILUNG, VERSANDSERVICE));
• the template, the content of the transferred data or the customer layout clearly pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional goals;
• the template, the content of the transferred data or the customer layout is sexist in nature; or
• the template, the content of the transferred data or the customer layout disregards general ethical values, e.g. due to current political events, or is considered immoral for other reasons.
(5) Furthermore, we reserve the right to permanently or temporarily block customers or their customer accounts in the event of violations of the provisions in our General Terms and Conditions, or in justified cases (e.g. identity theft or misuse, fraud or due to official or legal requirements), to report potential violations of the law and to no longer accept any further orders from these customers in the future.
However, this does not mean that we are in any way obliged to check the customer's templates and content for possible legal violations. The responsibility for this lies exclusively with the customer.
(6) If a customer commissions the execution of an order that contradicts the above paragraphs, we are entitled to refuse to execute the order. If we become aware of this violation after part of the service owed has already been rendered, we shall be entitled to refuse further execution of the order and to demand compensation from the customer for the costs already incurred by us and the loss of profit.
The customer has the right to prove that we have not incurred any damage at all or that the damage is significantly lower.
§ 19 Blocking and deletion of customer accounts
(1) We reserve the right to refuse to create a customer account for customers who represent an ideology or belong to a group that pursues illegal, xenophobic, violence-glorifying, radical or otherwise anti-constitutional goals or is not compatible with the general corporate principles of NICHOLAS.
(2) We reserve the right to temporarily or permanently block or delete customers or their customer accounts that fall under the above paragraph or violate our General Terms and Conditions or our general corporate principles. The same applies to customer accounts that report an excessive number of obviously unjustified warranty claims in relation to the number of orders placed with us by the customer. The same applies to obvious errors in the data entered when registering a customer account.
(3) We reserve the right to delete customer accounts whose last valid contract with us was concluded 24 months or more ago. Before carrying out such a deletion, we will inform the customer in advance to give them reasonable notice to prevent the deletion.
§ 20 Applicable law and place of jurisdiction
(1) The contract between us and the customer is subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
(2) If the customer is a merchant within the meaning of Section 1 I of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Munich shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction under statutory provisions.
(3) NICHOLAS is entitled to transfer its rights and obligations under this contract in whole or in part to a third party with four weeks' notice. In this case, the customer has the right to terminate the contract without notice and free of charge until the notice takes effect.
(4) For customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the following applies: in the case of continuing obligations, we may propose changes to these General Terms and Conditions to the customer at any time. Changes in this sense shall be offered to the customer in text form (e.g. by email) at least 4 weeks before the proposed date of their entry into force. The customer's consent shall be deemed to have been given if the rejection is not notified to us in writing before the proposed date on which the changes take effect. If the customer does not agree to the changes, they shall be entitled to terminate the contract without notice and free of charge up to the proposed date on which the changes take effect.
(5) Should any provision in these General Terms and Conditions or any provision in other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
(6) All business relationships between NICHOLAS and its customers are governed by the corporate principles set out in the NICHOLAS Code of Conduct.
(7) Translations of the General Terms and Conditions in the German language version exist in other language versions. In the event of contradictions between the German version and other language versions of the General Terms and Conditions and the Special Terms and Conditions of these General Terms and Conditions, the German version shall always take precedence.
Dispute resolution for consumers:
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Special conditions for print data, professional data check
These Special Conditions apply to the aforementioned products and services and take precedence over the General Conditions. The General Conditions apply insofar as no provisions have been made in the Special Conditions. Insofar as only partial provisions have been made in the Special Conditions, the General Conditions shall apply additionally in this regard.
§ 1 Print data, professional data check
(1) The data must be delivered in the file formats and print data specified by us. The contents of the data sheets and the specifications for the print data must be strictly observed.
(2) Deliveries of any kind by the customer or by a third party engaged by the customer, including data carriers and transferred data, are not subject to any obligation on our part to check them. This does not apply to data that is obviously unprocessable or unreadable, or in the case of an express agreement (professional data check).
§ 2 Production-specific features, complaints
(1) In all manufacturing processes, minor deviations from other orders or individual items cannot be complained about.
This applies in particular to:
• minor colour deviations between two or more orders,
• minor colour deviations from a previous order,
• minor colour deviations between individual sheets within an order,
• minor cutting and folding tolerances (= deviations from the final format);
in particular for sticks up to 4 mm from the closed final format
• minor offset (up to 0.3 mm) of the partial varnish
• minor printing plate offset (up to 0.08 mm)
For technical reasons, the same applies to comparisons between other templates (such as proofs, test prints and print data), even if they were created by us, and the final product.
(2) For production reasons, the direction of the paper cannot be taken into account when placing the print. Slight tearing during folding and deviations in the strength or stiffness of the product caused by this are to be accepted and cannot be objected to.
(3) The following applies to shipping to a delivery address: Excess or short deliveries of up to 10% of the ordered goods cannot be objected to.
(4) The following applies to shipments to multiple delivery addresses: Excess or short deliveries of up to 10% of the ordered goods per delivery address cannot be objected to.
(5) We are only liable for deviations in the quality of the material used up to the amount of the order value.
Special conditions for food
These Special Conditions apply to the aforementioned products and services and take precedence over the General Conditions. The General Conditions apply insofar as no provisions have been made in the Special Conditions. Insofar as only partial provisions are made in the Special Conditions, the General Conditions shall apply additionally in this regard.
(1) Perishable food:
Products that spoil quickly are excluded from the right of withdrawal because they can no longer be sold after being returned.
(2) Sealed food packaging:
Products and packaging that are sealed for health or hygiene reasons are excluded from the right of withdrawal once the seal has been broken.
(3) Online orders:
For online orders of food, a 14-day right of withdrawal generally applies, but with the above exceptions for perishable and sealed products.
DATA PROTECTION DECLARATION AND CONSENT TO DATA USE
Data protection is a matter of trust, and your trust is important to us. We respect your privacy and personal sphere. The protection and legally compliant collection, processing and use of your personal data is therefore an important concern for us. To ensure that you feel secure when visiting our website, we strictly adhere to the legal provisions when processing your personal data and would like to inform you here about our data collection and data use. You can print or save this document by using the usual functionality of your Internet service programme (=browser: usually ‘File’ -> ‘Save as’). You can also download and archive this document in PDF format by clicking here. To open the PDF file, you need the free Adobe Reader programme (available at www.adobe.de) or similar programmes that support the PDF format. The following data protection declaration explains what data is collected on our website and how we process and use this data.
1. RESPONSIBLE BODY
The responsible body for the collection, processing and use of your personal data within the meaning of the Federal Data Protection Act is Nicholas GmbH, Klausnerring. 13, 85551 Kirchheim b. München (hereinafter: Nicholas). If you wish to object to the collection, processing or use of your data by Nicholas in accordance with these data protection provisions as a whole or for individual measures, you can send your objection by email, fax or letter to the following contact details: Nicholas GmbH, Klausnerring 13, 85551 Kirchheim b. München Email: info [at] nicholas.gmbh In addition, you can of course obtain information about the data we have stored free of charge at any time (please also refer to point 11).
2. COLLECTION, PROCESSING AND USE OF PERSONAL DATA
2.1 PERSONAL DATA
Personal data is information about the factual or personal circumstances of an identified or identifiable natural person. This includes, for example, your name, telephone number, address and all the data you provide us with when registering and creating your customer account. Statistical data that we collect, for example, when you visit our web shop and that cannot be directly linked to you as a person is not included here. Examples of this include statistics on which pages of our shop are particularly popular or how many users visit certain pages of the Bistromarkt shop.
2.2 CUSTOMER ACCOUNT
We set up password-protected direct access to their stored inventory data (customer account) for every customer who registers accordingly. Here you can view data about your completed, open and recently sent orders and manage your data and newsletter. You undertake to treat your personal access data confidentially and not to make it accessible to unauthorised third parties. We cannot accept any liability for misused passwords unless we are responsible for the misuse. Unless you log out, you will remain logged in automatically. This feature allows you to use some of our services without having to log in again each time. For security reasons, however, you will be asked to enter your password again if, for example, your personal data is to be changed or you wish to place an order.
2.3 COLLECTION, PROCESSING AND USE OF YOUR PERSONAL DATA
Data protection is very important to us. We therefore adhere to strict legal requirements when collecting, processing and use of your personal data. We collect, store and process your data for the entire processing of your purchase, including any subsequent warranty claims, for our services, for technical administration and for our own marketing purposes. Your personal data will only be passed on to third parties or otherwise transferred if this is necessary for the purpose of contract processing or billing, or if you have given your prior consent. Within the scope of order processing, for example, the service providers we use (such as transport companies, logistics companies, banks) receive the data necessary for order and contract processing. The data passed on in this way may only be used by our service providers to fulfil their tasks. Any other use of the information is not permitted and does not occur at any of the service providers we entrust with this task. For your order, we require your correct name, address and payment details. We require your email address so that we can confirm receipt of your order and communicate with you. We also use this for your identification (customer login). You will also receive your order and shipping confirmation via your email address. Your personal data will be deleted, provided that there are no legal retention obligations to the contrary and if you have asserted a claim for deletion, if the data is no longer required to fulfil the purpose for which it was stored or if its storage is inadmissible for other legal reasons.
2.4 USE OF YOUR DATA FOR ADVERTISING PURPOSES
In addition to processing your data for the purpose of processing your purchase at Nicholas GmbH, we also use your data to communicate with you about your orders, certain products or marketing campaigns and to recommend products or services that may be of interest to you. You can object to the use of your personal data for advertising purposes at any time, either in full or for individual measures, without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details listed under section 1 (e.g. email, letter) is sufficient for this purpose.
2.4.1 NEWSLETTER
We use the so-called double opt-in procedure to send the newsletter, i.e. we will only send you a newsletter by email if you have expressly confirmed to us in advance that you wish us to activate the newsletter service. We will then send you a notification email and ask you to confirm that you wish to receive our newsletter by clicking on a link contained in this email. If you no longer wish to receive newsletters from us, you can unsubscribe at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact details listed in section 1 (e.g. email, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every newsletter.
2.4.2 PRODUCT RECOMMENDATIONS BY E-MAIL
As a customer of Nicholas GmbH, you will regularly receive product recommendations from us by email. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter. In this way, we want to provide you with information about products from our range that may be of interest to you based on your recent purchases from us. In doing so, we strictly adhere to the legal requirements. If you no longer wish to receive product recommendations or any advertising messages from us, you can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A text message sent to the contact details listed in section 1 (e.g. email, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every email.
2.4.3 PERSONALISED ADVERTISING FOR YOU
The information we receive from you helps us to continuously improve your shopping experience and to make it customer-friendly and personalised for you. The information you provide and the automatically generated information is used to create advertising tailored to you and your interests. We use existing information for this purpose, such as confirmation of receipt and reading of emails, information about your computer and internet connection, operating system and platform, your order history, your service history, date and time of your visit to the homepage, and products you have viewed. We use this information exclusively in pseudonymised form. By analysing and evaluating this information, we are able to improve our website and our Internet offering, as well as send you personalised advertising. This means advertising that recommends products that you may actually be interested in. Our goal is to make our advertising more useful and interesting for you. Therefore, the evaluation and analysis of the pseudonymised data collected from you helps us to ensure that we do not send you random advertising. Instead, we send you advertising, such as newsletters, product recommendations, by email or letter, that corresponds to your areas of interest. In this regard, we also compare which of our advertising emails you open in order to avoid sending you unnecessary emails. Nicholas GmbH uses the data I have provided and other information stored in my customer account, as well as pseudonymised usage data, to present me with personalised advertising and/or special offers and services. If you do not wish to receive personalised advertising, you can object to this at any time, either in full or for specific measures. A text message to the contact details listed in section 1 (e.g. email, letter) is sufficient for this purpose.
2.4.4 COMPETITIONS, MARKET RESEARCH AND OPINION POLLS
In competitions, we use your data for the purpose of notifying you of your winnings and advertising our offers. You will find detailed information in our terms and conditions of participation for the respective prize draw. We also use your data for market and opinion research. Of course, we use this data exclusively in anonymised form for statistical purposes and only for Nicholas. Your answers to surveys will not be passed on to third parties or published. Nicholas uses and processes my personal data for market and opinion research for its own purposes. You can object to the use of your data for market and opinion research at any time, either in full or for specific measures, without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details specified in section 1 (e.g. email, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every survey email.
3. COOKIES Accepting cookies is not a prerequisite for visiting our website. However, we would like to point out that our website and service will only have limited functionality if you do not allow us to set cookies. What are cookies? Cookies are small files that are stored on your data carrier and store certain settings and data for exchange with our system via your browser. There are basically two different types of cookies: session cookies, which are deleted as soon as you close your browser, and temporary/ permanent cookies, which are stored on your data carrier for a longer period of time or indefinitely. This storage helps us to design our websites and our offers for you accordingly and makes it easier for you to use them, by, for example, storing certain entries you have made so that you do not have to repeat them constantly. Which cookies does Nicholas use? Most of the cookies we use are automatically deleted from your hard drive at the end of the browser session (end of session) (hence the term ‘session cookies’). Session cookies are required, for example, to offer you the shopping basket function across multiple pages. In addition, we also use cookies that remain on your hard drive. When you visit again, we automatically recognise that you have already been to our website and which entries and settings you prefer. These temporary or permanent cookies (lifespan 1 month to 10 years) are stored on your hard drive and delete themselves after the specified time. These cookies in particular serve to make our offering more user-friendly, effective and secure. Thanks to these files, it is possible, for example, to display information on the website that is specifically tailored to your interests. The sole purpose of these cookies is to tailor our offering to your customer preferences as best as possible and to make your browsing experience with us as comfortable as possible. What data is stored in the cookies? Only pseudonymous data is stored in the cookies used by Nicholas. When the cookie is activated, it is assigned an identification number and your personal data is not assigned to this identification number. Your name, IP address or similar data that would enable the cookie to be assigned to you are not stored in the cookie. Based on cookie technology, we only receive pseudonymised information, for example about which pages of our shop were visited, which products were viewed, etc. What is onsite targeting? On the Nicholas websites, data is collected using cookie technology to optimise our advertising and the entire online offering. This data is not used to identify you personally, but solely for pseudonymous evaluation of the use of the homepage. Your data will never be merged with the personal data stored by us. This technology enables us to present you with advertising and/or special offers and services whose content is based on information obtained from clickstream analysis (for example, advertising that is tailored to the fact that only sports shoes have been viewed in the last few days). Our goal is to make our online offering as attractive as possible for you and to present you with advertising that corresponds to your areas of interest. Are there also cookies from third parties (so-called third-party cookies)? Nicholas uses a number of advertising partners to help make the Internet offering and websites more interesting for you. Therefore, when you visit the websites, cookies from partner companies are also stored on your hard drive. These are temporary/permanent cookies that are automatically deleted after a specified period of time. These temporary or permanent cookies (lifespan 14 days to 10 years) are stored on your hard drive and delete themselves after the specified time. The cookies of our partner companies also contain only pseudonymous or even anonymous data. This includes, for example, data about which products you have viewed, whether you have made a purchase, which products you searched for, etc. Some of our advertising partners also collect information beyond the websites about which pages you have visited previously or which products you have been interested in, for example, in order to be able to display advertising that best matches your interests. This pseudonymous data is never combined with your personal data. Its sole purpose is to enable our advertising partners to target you with advertisements that may actually be of interest to you. Retargeting Our websites use so-called retargeting technologies for this purpose. We use these technologies to make the Internet more interesting for you. This technology enables us to target Internet users who have already shown an interest in our shop and our products with advertising on our partners' websites. We are convinced that the display of personalised, interest-based advertising is generally more interesting for internet users than advertising that has no such personal connection. These advertisements are placed on our partners' websites using cookie technology and an analysis of previous usage behaviour. This form of advertising is completely pseudonymous. No usage profiles are combined with your personal data. By using our website, you consent to the use of cookies and the collection, storage and use of your usage data. Furthermore, your data will be stored in cookies beyond the end of the browser session and can be retrieved, for example, during your next visits to the website. You can revoke this consent at any time with future effect by refusing to accept cookies in your browser settings. How can you prevent cookies from being stored? You can set your browser so that cookies are only accepted if you agree to this. If you only want to accept Nicholas cookies but not the cookies of our service providers and partners, you can select the setting ‘Block third-party cookies’ in your browser. As a rule, the help function in the menu bar of your web browser will show you how to reject new cookies and deactivate those you have already received. Detailed information on how to adjust the settings in the browser you use can be found at the following link. We recommend that you always log out completely after use on shared computers that are set to accept cookies and Flash cookies.
4. LOG FILES
Every time you access Nicholas's website, usage data is transmitted by your internet browser and stored in log files, known as server log files. The data sets stored in this process contain the following data: date and time of access, name of the page accessed, IP address, referrer URL (the URL from which you accessed the website), the amount of data transferred, and product and version information about the browser used. The IP addresses of users are deleted or anonymised after use. In the case of anonymisation, the IP addresses are changed in such a way that the individual data about personal or factual circumstances can no longer be assigned to a specific or identifiable natural person, or only with a disproportionate amount of time, cost and manpower. We evaluate these log files in anonymised form in order to further improve our offering and the Bistromarkt shop, make it more user-friendly, find and fix errors more quickly, and manage server capacities. For example, it is possible to track at what times the Bistromarkt shop is particularly popular and -saving data volumes to ensure that you can shop as quickly as possible. In addition, by analysing the log files, we can also identify and rectify any errors in the Bistro Market shop more quickly.
5. WEB ANALYSIS GOOGLE ANALYTICS
Google Analytics is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). Google Analytics uses ‘cookies’, which are text files stored on your computer that enable Google to analyse your use of our website. The information collected by the cookie about your use of our website (including your IP address) is usually transferred to a Google server in the USA and stored there. We would like to point out that Google Analytics has been expanded on our website to include the code ‘gat._anonymizeIp();’ to ensure anonymous collection of IP addresses (so-called IP masking). Your IP address is therefore only recorded by Google in abbreviated form at our request, which ensures anonymisation and does not allow any conclusions to be drawn about your identity. If IP anonymisation is activated on our websites, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information to evaluate your use of our website, to compile reports on website activity for us and to provide us with other services related to website and internet usage. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. Google will only transfer this data to third parties on the basis of legal regulations or within the scope of order data processing. Under no circumstances will Google combine your data with other data collected by Google. By using this website, you consent to the processing of data about you by Google and to the manner and purpose of data processing described above. You can prevent the storage of cookies by adjusting your browser software settings accordingly; However, we would like to point out that in this case you may not be able to use all the functions of our website to their full extent. You can prevent cookies from being stored by adjusting your browser software settings accordingly; However, we would like to point out that in this case you may not be able to use all the functions of our website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of this website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available at the following link. Further information on Google Analytics and data protection can be found at tools.google.com/dlpage/gaoptout.
6. DOUBLECLICK BY GOOGLE
Doubleclick by Google is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). DoubleClick by Google uses cookies to present you with advertisements that are relevant to you. Your browser is assigned a pseudonymous identification number (ID) to check which ads have been displayed in your browser and which ads have been clicked on. The cookies do not contain any personal information. The use of DoubleClick cookies enables Google and its partner websites to display ads based on previous visits to our or other websites on the Internet. The information generated by the cookies is transmitted by Google to a server in the USA for evaluation and stored there. Google will only transfer the data to third parties if required by law or within the scope of order data processing. Under no circumstances will Google combine your data with other data collected by Google. By using our website, you consent to the processing of data collected about you by Google and the manner and purpose of data processing described above. You can prevent the storage of cookies by adjusting your browser software settings accordingly; However, we would like to point out that in this case you may not be able to use all the functions of our website to their full extent. You can also prevent the collection of data generated by cookies and related to your use of the website by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link under the heading ‘DoubleClick opt-out extension’. Alternatively, you can deactivate DoubleClick cookies on the Digital Advertising Alliance website at the following link.
7. SOCIAL PLUGINS
7.1 SOCIAL PLUGINS
Our website uses social plugins (“plugins”) from various social networks. With the help of these plugins, you can, for example, share content or recommend products. The plugins are deactivated by default on Nicholas.gmbH and therefore do not send any data. You can activate the plug-ins by clicking on the ‘Activate social media’ button. The plug-ins can of course be deactivated again with a single click. When these plug-ins are activated, your browser establishes a direct connection to the servers of the respective social network as soon as you visit a page on our website. The content of the plug-in is transmitted directly from the social network to your browser and integrated into the website. By embedding the plug-ins, the social network receives the information that you have accessed the corresponding page of our website. If you are logged into the social network, it can assign the visit to your account. If you interact with the plug-ins, for example by clicking the Facebook ‘Like’ button or leave a comment, the corresponding information is transmitted directly from your browser to the social network and stored there. For information on the purpose and scope of data collection and the further processing and use of data by social networks, as well as your rights and settings options for protecting your privacy, please refer to the data protection information of the respective networks or websites. Please refer to the data protection information provided by the respective networks or websites. The links to these can be found below. Even if you are not registered with social networks, data can be sent to the networks from websites with active social plugins. An active plugin sets a cookie with an identifier each time the website is accessed. Since your browser sends this cookie to a network server with every connection without being asked, the network could in principle create a profile. server without being asked, the network could in principle create a profile of which websites the user associated with the identifier has visited. It would then also be possible to assign this identifier to a person at a later date, for example when they log in to the social network. We use the following plugins on our websites: Facebook, Twitter and Pinterest. If you do not want social networks to collect data about you via active plugins, you can either simply deactivate the social plugins with a click on our website or select the ‘Block third-party cookies’ function in your browser settings. Then the browser will not send any cookies to the server when content from other providers is embedded. However, with this setting, other cross-page functions may no longer work in addition to the plug-ins.
7.2 FACEBOOK
We use plug-ins from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (‘Facebook’). The link to Facebook's privacy policy can be found here: Facebook privacy policy.
7.3 TWITTER We use plugins from the social network Twitter, which is operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (‘Twitter’). The link to Twitter's privacy policy can be found here: Twitter privacy policy.
7.4 PINTEREST We use plugins from the social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, USA (‘Pinterest’). The link to Pinterest's privacy policy can be found here: Pinterest privacy policy.
8. SOCIAL SIGN IN
We offer you the option of registering with us directly using your existing Facebook profile. If you wish to use this function, you will first be redirected to Facebook. There you will be asked to log in with your username and password. Of course, we do not have access to your login details. If you are already logged in to Facebook, this step will be skipped. Facebook will then inform you which data will be transferred to us (public profile, friends list, email address and current place of residence). You confirm this by clicking on the ‘OK’ button. We use the transferred data to create your customer account, whereby your friends list is of course not stored by us. There is no permanent link between your customer account and your Facebook account beyond this. For information on the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and settings options for protecting your privacy, please refer to Facebook's privacy policy. 9. SECURE DATA TRANSFER
Your personal data is transferred securely using encryption. This applies to your order and also to your customer login. We use the SSL (Secure Sockets Layer) encryption system for this purpose. This applies to your order and also to the customer login. We use the SSL (Secure Socket Layer) encryption system for this purpose. Furthermore, we secure our websites and other systems against loss, destruction, access, alteration or distribution of your data by unauthorised persons.
11. RIGHTS OF INFORMATION OF THE DATA SUBJECT
Under the Federal Data Protection Act, our customers have, among other things, the right to obtain information about their stored data free of charge and, if necessary, the right to have data corrected, blocked or deleted. We take the protection of your data very seriously. To ensure that personal data is not disclosed to third parties, please send your request by email or post, clearly identifying yourself, to: Nicholas GmbH, Klausnerring 13, 85551 Kirchheim b. München Email: info [at] nicholas.gmbh Telephone: 089 746 10 480
Translated with DeepL.com (free version)