IMPRINT
The offer and sale of products on this website is made directly by:
E.I.W. Production & Trading GmbH
Hannoversche Str. 148, 37077 Göttingen, Germany
Headquarter: Nikolausberger Weg 22, 37073 Göttingen, Germany
Phone: 0551 / 30722900
Email: info@brandsinthebox.com
Register court: Amtsgericht Göttingen
Registration number: HRB 204940
CEO: Erzsébet Wagner
Tax identification number: DE308924467
Platform of the European Commission for online dispute resolution: http://ec.europa.eu/consumers/odr
Publisher:
Erzsébet Wagner, Nikolausberger Weg 22, 37073 Göttingen
Terms & Conditions
1. TERMS OF REGISTRATION AND DEACTIVATION
1.1 These Terms and Conditions shall commence on Brands in the Box providing the Designer/Brand with the ability to register for free online. The rest (profile activation) will be carried out by Brands in the Box. Designer acknowledges that such profile will not be granted until: (i) it has completed the application materials determined by Brands in the Box; (ii) Brands in the Box has accepted the application at its absolute discretion.
1.2 These Terms and Conditions shall continue as long as the Designer/Brand decides to stay online on the Brands in the Box website and unless deactivated, shall automatically renew and stay online.
1.3 Notwithstanding any other termination provision in these Terms and Conditions, in the event Brands in the Box exercises any of its termination rights under these Terms and Conditions it shall provide the Designer/Brand:
(i) with at least 30 days’ prior written notice. Such 30-day notice period is not required in the event that (i) the Designer/Brand is in persistent breach of these Terms and Conditions and/or (ii) there is a legal or regulatory obligation on Brands in the Box, which means it cannot give thirty (30) days’ notice; and
1.4 In the event exercises its rights under these Terms and Conditions to suspend or restrict the provision of the Services to the Designer/Brand, Brands in the Box shall provide the Designer/Brand:
(i) with at least 30 days’ prior written notice; and
(ii) prior to or at the time of suspension restriction, provide the Designer/Brand with a written statement containing the reasons for suspension or restriction.
2. THE SERVICES
2.1 Brands in the Box will provide the Services during the Term with reasonable skill and care.
2.2 Brands in the Box reserves the right to revise or alter the Services at any time upon providing the Designer/Brand with thirty (30) days’ written notice of variation. Designer/Brand may terminate these Terms and Conditions if it objects (by giving notice in writing to Brands in the Box) to any variation of these Terms and Conditions within such thirty (30) day notice period.
3. DESIGNER/BRAND OBLIGATIONS
3.1 The Designer/Brand hereby undertakes to: (i) establish and maintain access to the World Wide Web at their own cost, through use of a computer and modem or other access device to ensure that information supplied electronically to Brands in the Box and to the Website is submitted free from Viruses.
3.2 Brands in the Box has no responsibility for the provision, support and maintenance of any of the Designer/Brand’s hardware or software used to access the internet, or any related hardware or software, the responsibility for which shall remain exclusively the Designer/Brand’s.
The Designer/Brand’s Website Sales Area
3.3 Brands in the Box has absolute discretion as to the look, feel and content of the Website as well as full and final say in the inclusion, positioning, location and all other presentation of Designer/Brand information, and reserves the right to remove any information from the Website at its sole discretion.
Quality of Presentation
3.4 The Designer/Brand shall ensure that the content uploaded to the Designer Profile at all times accords with any applicable guidelines notified to it from time to time by Brands in the Box, including in relation to the form and content of copy and Website Product(s) imagery.
3.5 Any failure to maintain suitably high standards of page presentation may result in the de-activation of the relevant Designer/Brand Profile in the first instance. Brands in the Box reserves the right, in its sole discretion, to de-activate the Designer/Brand’s Website Area until standards have been improved.
3.6 For the avoidance of doubt if the Designer/Brand breaches any part of clauses 3.4 and/or 3.5 on more than one occasion, this will constitute a persistent breach of these Terms & Conditions for the purposes of clauses 1.3 and 1.4.
Designer/Brand and Their Information
3.7 The Designer/Brand shall abide by Brands in the Box’s Code of Ethics and ensure that: (i) all Designer/Brand Information; and (ii) all Information and the detail of Website on the Designer/Brand Profile, in each case is and remains true, accurate, current and complete at all times. Any failure to provide such information or updated information as soon as reasonably practicable and within 5 days of any request or matter which requires such information to be updated, as the case may be, shall constitute a material breach of these Terms & Conditions purposes of clauses 1.3 and 1.4.
4. CHARGES
4.1 The Designer/Brand shall pay any and all Fees in accordance with these Terms and Conditions. The relevant Fees shall be as notified to the Designer/Brand and updated by Brands in the Box from time to time in accordance with these Terms and Conditions. Unless specified otherwise, all Fees are subject to VAT or other similar taxes or levies, all of which amounts the Designer/Brand shall pay, where appropriate, at the rate prevailing at the relevant tax point, and in addition to the Fees themselves.
4.2 The Designer/Brand shall make all payments, where they are applicable, to Brands in the Box due under the Terms and Conditions without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.
4.3 If applicable, the Joining Fee is a non-refundable fee to be paid by the Designer/Brand to Brands in the Box as a condition to the commencement of these Terms and Conditions. Brands in the Box may, in its sole discretion, permit the Designer/Brand to pay the Fee in more than one instalment. The amount of each instalment, and the timing for payment of such instalments, shall be as agreed between the Designer/Brand and Brands in the Box in writing. Payment of the first instalment by the Designer/Brand shall constitute payment of the Joining Fee for the purposes of commencement of the Term.
Subscription Fee
4.4 Where a Subscription Fee is applicable under the chosen Package the Designer/Brand shall pay the Subscription Fee during the Term by way of a charge to the Designer/Brand’s Bank Card. The charge to the Designer/Brand’s Bank Card shall be made on the date the Designer/Brand chooses the Subscription Package which provides for a Subscription Fee (the “Start Date“) and be charged at either monthly or annual intervals following the Start Date, depending on the Subscription Package chosen.
5. WEBSITE MATERIALS
5.1 Brands in the Box shall use its reasonable endeavours to within 30 days following the commencement of these Terms and Conditions display the Information on the Website Area for the Term, subject to the Designer/Brand providing the Information to Brands in the Box for prior approval via the Online Registration. The number of photographs displayed on the Profile Area in respect of a Website will be dependent on the Designer/Brand.
5.2 Where the Designer/Brand wishes to alter the Information displayed on the Website Area the Designer/Brand may make a request to Brands in the Box via EMAIL provided.
5.3 Subject to Brands in the Box’s approval of the suggested changes to the Information Brands in the Box will use its reasonable endeavours to alter the Information on the Website Area within 14 days of approving the request.
6. LIMITATION OF LIABILITY
Nothing in these Terms and Conditions limits any liability which cannot be limited, including liability for fraud, death or personal injury caused by negligence, and fraud or fraudulent misrepresentation. Neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for any indirect or consequential loss, save where expressly stated.
DATA PROTECTION
General information
In the following we inform you about the collection of personal data when using our website.
The term “personal data”, with reference to the definition in Art. 4 No. 1 of Regulation (EU) 2016/679 (hereinafter referred to as the “Basic Data Protection Regulation” or “DSGVO” for short), means all data that can be related to you personally. This includes, for example, name, address, e-mail address, user behavior. With regard to the other terms, in particular the terms “processing”, “responsible party”, “processor” and “consent”, we refer to the statutory data protection definitions of Art. 4 DSGVO.
As a matter of principle, we process personal data only to the extent necessary to provide a functional website and the content and services offered by us. The processing of personal data is regularly only carried out if you have given us your consent within the meaning of Art. 6 para. 1 lit. a) DSGVO or if processing is permitted by legal regulations, in particular by one of the legal bases mentioned in Art. 6 para. 1 lit. b) to f) DSGVO.
Your personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. Furthermore, storage may take place if this was provided for by national or European regulations to which we are subject. In this case, the data will be blocked or deleted when the storage period prescribed by the respective regulations has expired. The latter does not apply if further storage of the data is necessary for the conclusion or performance of a contract.
As far as we would like to use commissioned service providers for individual functions of our website or use your data for advertising purposes, we will inform you in detail about the respective processes below.
Responsible authority
Responsible in the sense of Art. 4 No. 7 DSGVO, which is other data protection laws and other regulations as well as provisions of a data protection nature applicable in the member states of the European Union:
E.I.W. Production & Trading GmbH , represented by Erzsébet I. Wagner, Nikolausberger Weg 22, 37073 Göttingen, backoffice@eiw-pt.com, 0800 01122 88
Further details about the responsible office can be found in our imprint.
Your rights
You have the following rights towards us regarding the personal data concerning you:
the right of access, the right of rectification and cancellation, the right to limit processing, the right to object to processing, the right of data transferability
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
Processing of personal data when using our website for information purposes
If you visit our website without registering or otherwise providing us with information, we only collect the personal data that your web browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to enable you to view our website and to ensure its stability and security
IP address, date and time of the request, time zone difference to GMT, content of the website, access status (HTTP status), amount of data transferred, website from which you accessed our website, web browser, operating system, language and version of the browser
The aforementioned data is also stored in so-called log files on our servers. This data is not stored together with other personal data of yours.
The collection and temporary storage of the IP address is necessary to enable the delivery of our website to your end device. For this purpose, your IP address must be stored for the duration of your visit to our website. The storage of the above-mentioned data in log files serves to ensure the functionality and optimization of our website and to ensure the security of our information technology systems. This data is not evaluated for marketing purposes.
In the above-mentioned purposes lies our legitimate interest in data processing. The legal basis for the collection and temporary storage of the aforementioned data and log files is Art. 6 para. 1 p. 1 lit. f) DSGVO.
The aforementioned data for the provision of our website will be deleted when the respective session has ended. The collection of the above-mentioned data for the provision of our website and the storage of these data in log files is mandatory for the operation of our website. There is no possibility of objection.
Further functions and offers of our website
In addition to the aforementioned informational use of our website, we offer various services which you can use if you are interested. For this purpose it is usually necessary to provide further personal data. We need these data to provide the respective service. The above principles of data processing apply.
In some cases, we use external service providers who have been carefully selected and commissioned by us to process this data. These service providers are bound by our instructions and are regularly controlled by us. If personal data is passed on to third parties in the course of services that we offer together with partners, you can find more detailed information in the following descriptions of the individual services. If these third parties are located in a country outside the European Economic Area, you can find more detailed information about the consequences of this circumstance in the following descriptions of the individual services.
Contact
If you contact us by e-mail, the personal data you send us with your e-mail will be stored.
The data will only be used to answer your questions. Unless explicitly stated in this privacy policy, the data will not be passed on to third parties. In addition, we record your IP address and the time of sending.
The processing of the aforementioned personal data serves solely to process your inquiries.
This is also our legitimate interest in processing your personal data. If you have given us your consent, the legal basis for the processing of this data is Art. 6 para. 1 lit. a) DSGVO. Otherwise, the legal basis for the processing of this data is Art. 6 para. 1 lit. f) DSGVO, in particular in the event that you send us your data by e-mail. Insofar as you wish to work towards the conclusion of a contract through your e-mail, Art. 6 para. 1 lit. b) DSGVO represents an additional legal basis.
Subject to statutory retention periods, the data will be deleted as soon as we have finally processed your request. If you contact us by e-mail, you can object to the storage of your personal data at any time. We would like to point out that in this case your request cannot be processed further. You can declare your revocation or objection by sending an e-mail to our e-mail address given in the imprint.
Google Analytics
On our website we use “Google Analytics”, a web analysis service of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). Google uses cookies, i.e. small text files that are stored on your end device and which enable an analysis of your use of our website. The information generated by the cookie about your use of our website is usually transferred to a Google server in the USA and stored there. If anonymization of the IP address to be transmitted by the cookie is activated on the website (“IP anonymization”), your IP address will be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google will use this information to evaluate your use of our website on our behalf, compile reports on website usage and provide other services to us in connection with website and Internet usage. Pseudonymous user profiles can be created from the processed data. The IP address transmitted when using Google Analytics is not merged with other data from Google.
We use Google Analytics only with the activated IP anonymization described above. This means that your IP address will only be processed by Google in abbreviated form. A personal reference can thus be excluded.
We use Google Analytics for the purpose of analyzing the use of our website and to continuously improve individual functions and offers as well as the user experience. Through the statistical evaluation of user behavior, we can improve our offer and make it more interesting for you as a user. This is also our legitimate interest in the processing of the above data by Google. The legal basis is Art. 6 para. 1 p. 1 lit. f) DSGVO.
You can prevent the storage of cookies generated by Google Analytics by making the appropriate settings in your web browser. Please note that in this case you may not be able to use all the functions of our website. If you wish to prevent the collection of data generated by the cookie and related to your user behaviour (including your IP address) and the processing of this data by Google, you can download and install the web browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
In order to oblige Google to process the transmitted data only in accordance with our instructions and to comply with the applicable data protection regulations, we have concluded an order processing contract with Google.
Third party information: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland
Further information on data use by Google, on setting and objection possibilities as well as on data protection can be found on the following Google websites:
Terms of use: http://www.google.com/analytics/terms/de.html
Data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html
Privacy policy: http://www.google.de/intl/de/policies/privacy
Data usage by Google when you use websites or apps of our partners: https://www.google.com/intl/de/policies/privacy/partners
Use of data for advertising purposes: http://www.google.com/policies/technologies/ads
Settings for personalized advertising by Google: http://www.google.de/settings/ads
The data will be deleted as soon as they are no longer necessary for the purpose of their collection.