General Terms and Conditions of Eberhard Göbel GmbH & Co. KG
1. Scope of application
These General Terms and Conditions apply to all orders that are placed via the online shop of Eberhard Göbel GmbH & Co. KG (Seller) at www.euroschirm.com
. These Terms and Conditions apply exclusively. Contrary or deviating terms and conditions of the customer shall not be accepted.
2. Identity of the contracting party
Eberhard Göbel GmbH & Co.KG
Im Lehrer Feld 44
89081 Ulm / Germany
Registered in the commercial register of the Ulm Local Court under Register No.: HRA 2452.
3. Technical procedure when ordering articles in the online shop
The order is executed in the online shop as follows: The customer first places the desired article(s) into the shopping cart (button: „in my hallstand“; www.brillant-schirme.de: “Order here”). The customer can remove the article(s) from the shopping cart at any time by clicking on the button “Delete.” If the customer desires to purchase the article(s) in his virtual shopping cart, he must click on the button “next”. The customer must then enter his personal data for the invoice and delivery address and select his desired payment method. All details of the order are repeated here. Only by clicking on the button „buy“ the customer does complete the ordering process and thereby submit a binding offer to purchase the article(s) in the shopping cart. Until he clicks on the “buy” button, the customer may correct his information or cancel the ordering process by clicking on the “Back” button.
4. Contract formation
The presentation of the goods in the online shop constitutes a merely nonbinding invitation to the customer to order goods. In ordering the desired article(s), the customer submits a binding offer to enter into a purchase agreement. As confirmation of receipt of the order, the customer receives an e-mail from the Seller („order confirmation“), which includes all order data again. This order confirmation still does not represent an acceptance of the offer. The acceptance of the offer by the Seller takes place via the order confirmation or by way of delivery of the article by the Seller. The languages for contract formation are as follows:
The contract text is stored by the Seller. The customer may store and print the order confirmation.
5. Delivery and delivery periods
The Seller delivers the ordered article(s) to the delivery address specified by the customer. Unless otherwise stated in the ordering process and separately agreed with the customer, shipment will be made via GLS. Unless otherwise expressly stated in the product description, the delivery times after receipt of the order are as follows:
The delivery times rely on the ship date of the goods. This has been complied with, if the item leaves the “Seller”s plant at this time, or if the customer has been notified of readiness for delivery. If the customer has selected “advance payment” as the payment method, the delivery time starts to run only upon receipt of payment at the Seller’s account. The delivery period begins at the earliest after all technical and commercial details have been clarified.
6. Delay in Delivery
If the delivery period cannot be adhered to or the ordered article(s) are unavailable, the Seller will inform the customer of this by e-mail or telephone. If the delivery time is exceeded, the customer shall be granted a reasonable extension. If neither the delivery time nor the reasonable extension is adhered to, the Seller is liable only for the invoice value of the merchandise which was not delivered on time, up to a maximum of the amount to its negative interest. In the event of force majeure, operational disturbance and similar unforeseeable circumstances, in which the Seller is prevented from making deliveries, the delivery times shall be suspended. These periods shall not be included in the calculation of delivery times. In such cases, the customer is not entitled to withdraw from the contract and/or demand compensation. The Seller is entitled to make partial deliveries to the extent this is reasonable for the customer. If the delivered article(s) have obvious defects, the customer is requested to promptly report them to the Seller. However, failure to notify of defects does not affect the customer’s legal rights arising from the defectiveness of the article(s)
Alle prices are stated in euros (in CHF for orders from Switzerland) and include the statutory value-added tax. Customs duties occur in the case of deliveries to Switzerland, which the customer must also pay. The customer is informed about the amount of the customs duties in the course of the ordering process.
The delivery areas are dependant on the chosen country flag. This means that when, for example, the German flag is chosen during the ordering process at www.euroschirm.com
, delivery is only possible to Germany, Austria and Switzerland. The umbrellas can be ordered at www.euroschirm.com/classic
will only be shipped to Germany, Austria and Switzerland. The customer owes no shipping costs in the case of deliveries by GLS within the Federal Republic of Germany. The customer must pay shipping costs in the case of deliveries outside of Germany. The customer is informed about the amount of the shipping costs in the course of the ordering process. In addition, the delivery areas and shipping costs can be found in the table below:
|Germany (GLS)||2,00 EUR||----|
|Germany (DHL)||0,00 EUR||0,00 EUR|
|Belgium||8,00 EUR||8,00 EUR|
|Denmark||9,00 EUR||9,00 EUR|
|Finland||9,00 EUR||9,00 EUR|
|France: excl. Corsica||8,00 EUR||8,00 EUR|
|Great Britain||14,00 EUR||14,00 EUR|
|Ireland||14,00 EUR||14,00 EUR|
|Italy||8,00 EUR||8,00 EUR|
|Luxembourg||8,00 EUR||8,00 EUR|
|Netherlands||8,00 EUR||8,00 EUR|
|Austria||8,00 EUR||8,00 EUR|
|Portugal: excl. Azores & Madeira||9,00 EUR||9,00 EUR|
|Sweden||9,00 EUR||9,00 EUR|
|Switzerland||33,35 CHF||33,35 CHF|
|Spain: excl. Balearic & Canary Islands, Ceuta, Melilla||9,00 EUR||9,00 EUR|
|USA||Shipping via our partner in the USA||0,00 USD|
Queries about alternative delivery options, which are possible at an extra charge, can be made by e-mail after the ordering procedure.
In case of deliveries within Germany up to an invoice value of < EUR 300,00, the Seller offers the payment options „delivery against invoice“, „credit card“, „Giropay“, „Paypal“, or „Paydirekt“. In case of a delivery value of ≥ EUR 300,00 when delivering within Germany and abroad, the customer may choose between “advance payment”, “credit card”, “Giropay”, “Paypal”, or “paydirekt”.
If the customer chooses the payment method "advance payment" or "invoice", he will, along with the order confirmation, be informed of the bank details of the Seller. When advance payment is chosen, the entire invoice amount without deduction is payable into the named account within 14 days of receipt of the order confirmation. In the case of payment per invoice, the amount is due on the day the customer receives the delivery.
10. Delay of Payment
If the payment is not settled within fourteen days of the due date, the customer is in default of payment. In case of default of payment, the Seller is entitled to demand interest to the sum of five percentage above the base interest rate, whereby proof of higher damages is possible at any time. The customer is in turn entitled to provide evidence to the Seller that the latter has suffered no damage, or considerably less as a result of the delay. If the customer is in default of payment, the Seller is entitled to refuse to fulfil the agreement until the full payment has been received.
If the claim to payment is substantially in jeopardy, the Seller is entitled to condition further performance of the agreement upon advance payment or the delivery of adequate security. If the customer refuses to provide advance payment and/or security, the Seller may rescind the agreement and claim damages.
In the event that a direct debit is returned for insufficient funds in the indicated bank account, due to a stop payment order against the Seller’s debiting or due to incorrect entry of the bank details, the customer must bear the costs incurred as a result of the payment transaction.
11. Offset, right of retention
The customer my only declare an offset with a counterclaim which is undisputed or legally established. The customer is entitled to exercise a right of retention only upon the additional condition that is based on the same contractual relationship.
The statutory warranty conditions shall apply. Slight colour variations between the purchased item and its depiction on a computer display or in printed materials are due to technical reasons and constitute no defect.
13. Breach of obligations, damages
Customer shall solely be entitled to claim for damages, which are based on an intentional or grossly negligent breach of obligation by the Seller or an injury to life, limb or health arising from the breach of significant contractual obligations. Significant contractual obligations are those obligations which must be met before the agreement can be properly performed at all and upon whose observance the customer may regularly rely. Provisions of the Product Liability Act (Produkthaftungsgesetz – ProdHaftG) remain unaffected. To the extent the Seller’s liability is excluded or limited, this also applies to its employees, representatives and agents.
14. Retention of title
The delivered article(s) remain the property of the Seller until the purchase price has been paid in full. If the customer is in default in payment, the Seller is entitled to recover possession of the article(s). The customer is obligated to treat the article(s) with care as long as title of the ownership has not yet passed to him. Reclaiming the article(s) does not rescind the agreement unless this was expressly declared by the Seller in writing.
15. Choice of Law
The contractual relations between the Seller and customer are governed by the law of the Federal Republic of Germany, excluding the conflict of law rules of international private law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Excluded from this choice of law are the compulsory consumer protection regulations of the country in which the customer has his habitual residence.
16. Information obligation according to § 36 VSBG
Eberhard Göbel GmbH & Co.KG is neither willing nor obliged to participate in an alternative dispute resolution (Streitbeilegungsverfahren) in front of a consumer dispute entity (Verbraucherschlichtungsstelle).
17. Data protection
We are pleased that you are interested in our websites. The protection of your privacy is very important to us. In the following, we inform you in detail about our handling of your data.
Access data and hosting
You may visit our websites without disclosing any details about yourself. Every time you access a website, the web server merely stores a so-called logfile, which contains data such as the name of the requested file, your IP address, the data and time of access, the transmitted volume of data and the requesting provider (access data), and registers the visit.
This access data is analysed exclusively for the purpose of safeguarding a trouble-free operation of the site and to improve our offer. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in displaying our offer correctly pursuant to point (f) of Article 8 (1), page 1 GDPR. All access data is deleted seven days after your visit to the site at the latest.
Collection and use of data for contract processing
We collect personal data if you disclose it to us in connection with your order, or if you contact us (e.g. via contact form or e-mail). Mandatory fields are indicated as such because in this case it is vital that we use your data for contract processing or in order to process your contact request, without which you would be unable to complete the order or establish contact. The respective input form indicates what data is collected. We utilise the data you disclose to us pursuant to point (b) of Article 6(1), page 1 GDPR for contract processing and processing your requests. After contract processing has been fully completed, your data will be restricted for further processing and at the conclusion of any fiscal and commercial retention periods, we erase your data unless you have explicitly consented to further use of your data or if we reserve the right to the extent permitted by law to continue processing your data, about which we inform you below:
Data transfer for the performance of a contract
We make use of payment service providers and shipping companies which are based in countries outside the European Union. The transfer of personal data to these companies takes place solely for the necessary fulfilment of the contract.
Use of data for e-mail marketing without newsletter registration and your right to object
Where we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right on the basis of Section 7(3) of UWG [Act Against Unfair Competition] to regularly send you offers via e-mail concerning products from our range similar to the ones you have already purchased. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in approaching our customers for promotional purposes. You may withdraw this use of your e-mail address by sending a message to us via the contact below or object to its use by way of a relevant link in the promotional e-mail at no further cost than the transfer costs which ensue according to the base rate.
Use of data for postal advertising and your right to object
We furthermore reserve the right to store your first name and surname, your postal address and, insofar as we have received this additional information within the framework of the contractual relationship, your title, academic title, year of birth and occupational, branch or trade name in compiled lists and to use these for our own marketing purposes, such as when we send you interesting offers and information about our products in the post. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in approaching our customers for promotional purposes pursuant to point (f) of Article 6(1), page 1 GDPR. You may object the storage and application of your data for this purpose at any time by sending a message to us via the contact below.
Integration of the Trusted Shops Trustbadge
In order to display our Trusted Shops Seal of Approval and if necessary the compiled evaluations as well as the offer of Trusted Shops products to customers after a purchase, the Trusted Shops Trustbadge is included on this website.
This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in ensuring optimal marketing of our offer pursuant to point (f) of Article 6(1), page 1 GDPR. The Trustbadge and the services promoted along with it are an offer from Trusted Shops GmbH, Subbelrather Straße 15c, 50823 Cologne. When the Trustbadge is accessed, the web server automatically stores a so-called server logfile, which stores details such as your IP address, the date and time of access, the volume of data transferred, and the requesting provider (access data) and registers your visit. This access data is not analysed, and is overwritten automatically seven days after the end of your visit to the site at the latest. Further personal data is merely transferred to Trusted Shops insofar as you have consented to the application of Trusted Shops after conclusion of the order, or have already registered for the same. In this case, the contractual agreement reached at between you and Trusted Shops applies.
Evaluation reminder from Trusted Shops
Insofar as you have expressly give us your consent during or after your order pursuant to point (a) of Article 6(1), page 1 GDPR, we transfer your e-mail address to Trusted Shops GmbH, Subbelrather Straße 15c, 50823 Cologne so that they can e-mail you an evaluation reminder.
This consent may be withdrawn at any time by sending a message to the contact described below or directly to trusted shops https://www.trustedshops.eu/contact/
Application of cookies
To make the visit to our website more attractive, to enable certain features and to display suitable products, or for market research, we apply so-called cookies on various pages. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in displaying our offer in an optimal manner pursuant to point (f) of Article 6(1), page 1 GDPR. Cookies are small text files which are automatically stored onto your terminal. Some of the cookies we utilise are erased at the end of the browser session, in other words after you close your browser (so-called session cookies). Other cookies remain on your terminal and allow us to recognise your browser on your next visit (persistent cookies). You can monitor the duration of storage in the overview of your browser’s cookie settings. Your browser can be set to inform you whenever cookies are stored, to allow acceptance of certain cookies only, to allow cookies in certain cases, or to refuse them outright.
Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
The refusal of cookies can limit the functionality of our website.
For the purpose of preventing abuse of our web forms and to avoid spam, we use on our website, within the framework of certain forms, the services of Google reCAPTCHA pertaining to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: Google). When monitoring a manual input, this service prevents automated software (the so-called bots) from carrying out illicit activities on this website. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in protecting our website from abuse, and in order to guarantee a trouble free display of our online presence pursuant to point (f) of Article 6(1), page 1 GDPR.
Google is certified by way of the EU-US-Privacy Shield. An up-to-date certificate can be viewed here
. In view of the agreement between the USA and the European Commission, the latter has established a reasonable level of data protection for the companies which are certified by the Privacy Shield.
Application of Facebook Social Plugins
We apply on our website so-called social plugins (“plugins”) from the Facebook social network, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are recognisable by a Facebook logo or the suffix “Facebook social plugin”. An overview of the Facebook plugins and their appearance can be found here
If you access a page in our web presence which contains such a plugin, your browser directly establishes a connection with Facebook’s servers. The content of the plugin is transferred directly to your browser by Facebook and integrated into the page. By integrating the plugin, Facebook receives a message that your browser has accessed the respective page of our web presence, even if you have no Facebook profile or are not currently logged in to Facebook.
If you do not want Facebook to assign the data collected via our web presence directly to your Facebook profile, you must log out of Facebook before visiting our website. With the help of add-ons for your browser, you may also completely prevent the loading of Facebook plugins, for example at the following links:
YouTube video plugins
This website integrates content from third parties. This content is made available by Google Inc (“Provider”). YouTube is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Our online presence on Facebook and Google
Our presence in social networks and on platforms serves to offer improved, active communication with our customers and interested parties. There, we inform you of our products and regular promotions. When you visit our online presences in social media, your data may be collected and stored automatically for market surveys and advertising purposes. Using pseudonyms, so-called usage profiles are generated from this data. This may be used to place advertisements inside and outside the platforms which supposedly correspond to your interests. To this end, cookies are implemented on your terminal. These cookies store customer habits and interests. This serves to safeguard our predominantly legitimate interests within the framework of a balancing of interests in marketing our offer in an optimal manner and communicating effectively with our customers and interested parties pursuant to point (f) of Article 6(1), page 1 GDPR. If you are asked by the corresponding social media platform for your consent (approval) to data processing, for example with the aid of a checkbox, the legal basis for processing is point (a) of Article 6(1) GDPR.
If the aforementioned social media platforms are based in the USA, the following applies: a European Commission adequacy decision is available for the USA which is based on the EU-US Privacy Shield. An up-to-date certificate for the relevant company can be viewed here
Google / YouTube:
Google / YouTube:
Right to information and contact
As a data subject, you have the following rights:
- pursuant to Article 15 GDPR, you have the right, to the extent stated therein, to obtain access to personal data we process concerning you;
- pursuant to Article 16 GDPR, you have the right to obtain, without undue delay, the rectification of inaccurate personal data concerning you, and the right to have incomplete personal data completed;
- pursuant to Article 17 GDPR, you have the right to obtain the erasure of personal data concerning you, unless further processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation;
- for reasons of public interest or
- for the establishment, exercise or defence of legal claims;
- pursuant to Article 18 GDPR, you have the right to obtain restriction of processing of your personal data where one of the following applies:
- the accuracy of the personal data is contested by you;
- the processing is unlawful, and you oppose the erasure of the said data;
- we no longer need the data, but you require it for the establishment, exercise or defence of legal claims or
- you have lodged an objection to the processing pursuant to Article 21 GDPR;
- pursuant to Article 20 GDPR you have the right to receive the personal data you have disclosed to us in a structured, commonly used and machine-readable format, or to have the personal data transmitted to another controller;
- pursuant to Article 77 GDPR, you have the right to lodge a complaint with a supervisory authority. For this purpose, you may usually consult the supervisory authority of your customary place of residence or work, or our company headquarters.
If you have queries about the collection, processing or use of your personal data, when requesting information, rectification, restriction or erasure of data as well as concerning withdrawal of consent to processing or objection to a certain data application, please get in touch with us directly via the contact details below:
The person responsible for data processing pursuant to Article 27(1) GDPR is:
Eberhard Göbel GmbH & Co.KG
Im Lehrer Feld 44
89081 Ulm / Germany
Managing Director: Dipl.-Kfm. Felix Göbel
Email address: firstname.lastname@example.org
Right to object
Insofar as we process personal data to safeguard our predominantly legitimate interests within the framework of a balancing of interests as mentioned above, you may revoke this processing with effect for the future. If the processing takes place for the purpose of direct marketing, you may exercise this right at any time in the manner explained above. If the processing takes place for other purposes, you have a right to object only when reasons exist which relate to your particular situation.
Where you have exercised your right to object to processing, we shall no longer process your personal data for these reasons unless we have proof of compelling and legitimate grounds for processing which outweigh your interests, rights and freedoms, or where processing is necessary for the establishment, exercise or defence of legal claims.
This shall not apply where processing takes place for the purpose of direct marketing. In this case, we shall not process your personal data further for this purpose.
18. Notice pursuant to the German Battery Act (Batteriegesetz – BattG)
Because we sell various umbrellas with batteries (button cells), we are obligated under the Geman Battery Act (BattG) to point out the following to you: Batteries my not be disposed of in household waste; you are obligated instead to return used batteries. Used batteries may contain pollutants that can damage the environment or your health if improperly stored or disposed of. But batteries also contain important raw materials, such as iron, zinc, manganese or nickel, and are recycled. You may either send the batteries back to us after use or return them in the immediate vicinity (e.g. at retail or local collection points) without charge.
19. Cancellation policy for consumers
If the customer is a natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor can it be attributed to the person’s independent professional occupation (consumer), the customer has a cancellation right:
You have the right to rescind the agreement within fourteen days without stating reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not carrier has taken possession of the goods.
To excercise your cancellation right, you must inform us (Eberhard Göbel GmbH & Co.KG, Im Lehrer Feld 44, 89081 Ulm, (e-mail: email@example.com
, telephone numer: +49-731-140-13-0, Fax: +49-731-140-13-10). of your decision to rescind this agreement by means of an unambiguous declaration (e.g. by a letter sent by mail, fax or e-mail). You may fill out and transmit the sample cancellation form electronically on our website. If you make use of this option, we will immediately send you (e.g. via e-mail) a confirmation of the receipt of such cancellation.
To meet the cancellation deadline, it is sufficient for you to send the communication on exercising the cancellation right before expiration of the cancellation period.
You can find our sample cancellation form pdf HERE
Or use our online form
Consequences of cancellation
If you cancel this agreement, we must promptly refund all payments we have received from you, including the delivery cost (with the exception of additional costs which result from your having selected a different type of delivery that the most inexpensive standard delivery we offered), no later than fourteen days from the day we receive the communication about your cancellation of this agreement. For this refund, we will employ the same payment method which you used with the original transaction unless it was otherwise agreed with you in writing; in no event will you be addressed fees because of this refund.
We may refuse to issue the refund until we have received the goods or you have produced proof that you have sent back the goods whichever comes first. You must send or deliver the goods to us (EBERHARD GÖBEL GmbH & Co.KG, Im Lehrer Feld 44, 89081 Ulm) immediately and in any event within fourteen days, starting with the day on which you inform us of the cancellation of the agreement. The deadline is met if you send the goods before expiration of the fourteen day period. You bear the immediate costs of returning the goods. The costs are estimated to be no more than EUR 20,00. You must pay for any loss of value of the goods only if such loss of value is attributable to your unnecessary handling of the goods to examine the quality, features and functioning of the goods.
Exclusion of the cancellation right
No cancellation right exists in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or requirement by the consumer is essential or that are clearly tailored to the personal requirements of the consumer.
Ulm, October 2018