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Login noworderbird AG (“orderbird”), based in Berlin, offers a cloud-based gastronomic POS system. This contract, besides other specifications of services regarding the various products and services, is the basis for the future cooperation between the Customer and orderbird.
The complete service is exclusively targeted at restaurateurs, other users of POS systems and their suppliers, who are acting in a commercial or self-employed capacity and not for private purposes. The hardware offered is intended for the use of our POS system and serves as an accessory that is not intended for private use. In order to ensure that our Customers use the service in this sense, we verify their entrepreneurial status as part of order handling. The contract is concluded subject to the proviso that the result of this verification is favourable.
Under this contract, the Customer is granted the right to use the cloud-based gastronomic POS system “orderbird” for a limited period in return for a fee. On the one hand, the POS system consists of a POS application on terminal devices called “orderbird POS”, and on the other hand of an administration and accounting module called “my.orderbird”. In addition, orderbird offers the Customer various services and hardware for sale. The exact scope of the services owed by orderbird is determined by the specifications of services that can be accessed at “https://www.orderbird.com/en/service-description” and by the selected product type as agreed in section 3 of this contract; these two references are equal in rank.
Requirement for utilisation of the POS system is the installation of the client application “orderbird POS” available through the app store of the provider Apple on a terminal using the operating system “iOS” of the same provider. As regards the granting of simple rights of use free of charge in regard to this software, reference is made to the licence agreement that can be accessed at the same location. Minimum system requirements are set out in the aforementioned specifications of services. Insofar as the client application “orderbird POS” can also be used without registration of the Customer with the management and accounting module described below, doing so takes place exclusively under the licence agreement which is made a requirement for installation through the app store of the provider Apple; it is not the object of this contract.
The administration and accounting module “my.orderbird” is offered as a SaaS solution (“software-as-a-service”); accordingly, no copyright-related rights of use are created for the Customer under this contract, with the exception of the aforementioned right to install and use the app “orderbird POS”; the term “licence” used for different product versions below as well as in the specification of services is therefore not to be construed as a licence in copyright terms, but as a factual right for utilisation of the gastronomic POS system as a whole in terms of utilisation of a service.
The gastronomic POS system “orderbird” supports the registration of accounting events using up to nine – depending on individual agreements also more – terminals on which the client software “orderbird POS” is installed; the entirety of the terminals is referred to as a “swarm” between the parties. This contract sets out the uniform regulations for both the right to use the POS system with a single terminal as well as with several terminals in a swarm.
The gastronomic POS system “orderbird” always requires a working Internet connection.
The POS system is subject to continual improvement and expansion – for more information on this see section 4. It is therefore recommended to save or print out the contract terms and conditions including the current service description at the time the contract is concluded.
The Customer can choose between different product versions – see the specification of services mentioned in section 2 for more details. The following applies in this respect:
a) Paid Versions
Device license Under the name “device licence”, the Customer is granted the right to use the subject matter of the contract described in section 2 for one end device per device license for a period of one month, one year, three years or ten years at the Customer's option (the latter being referred to as "lifetime", based on a normal useful life of a POS system of no more than ten years with a depreciation period of eight years). The purchase of a device license is only possible in conjunction with a service charge, which must be for at least the duration of the device licence.
Service charge The Customer is granted the option of continuously storing all cash register data as well as all configurations in my.orderbird under the name “service charge”. In addition, the Customer shall be provided with support in accordance with Section 6 and the description of services. The service charge can be purchased at the Customer's option for a period of one month, one year, three years or ten years (the latter being referred to as “lifetime”, based on a standard useful life of a POS system of no more than ten years with a depreciation period of eight years). It is not dependent on the purchase of a device license.
In order to ensure conformity of the process with the principles regarding the proper keeping and archiving of books, records and documents in electronic form as well as access to data (GoBD), the Customer must ensure that all devices he uses are connected via the Internet to the system back-end of “my.orderbird” using the client software “orderbird POS” installed on the devices within the first week after conclusion of this contract for alignment of the managed data.
b) Free Version
In order to meet the Customer's requirements and requests for changes, the continuous further development of the products and services mentioned in the service description is an integral part of the contract, which necessarily involves continuous possible changes in the operation of the software or changes to the services. The aforementioned provision applies if the functionality at least covers the scope that my.orderbird covered at the time the contract was concluded as expressly set out in the specification of services available at “https://www.orderbird.com/en/service-description”. The manufacturer will inform the Customer of changes by email.
If further development occasions a limitation or, in very rare exceptions, cessation of an existing function, orderbird will inform the Customer of the planned change within a reasonable period of time prior to the conversion. If my.orderbird can no longer be used with the pre-existing functionality due to definitive cessation, the Customer is granted a special right of cancellation. In this case, the Customer has the right to terminate the contract in writing without observing a notice period. The Customer will be notified of this option in the change notification. The contract will be continued with the new functionality if the Customer does not declare termination within two weeks after implementation of the change. The date set out in the change notification shall be decisive.
a) General Information
In order to guarantee conformity with the principles for proper keeping and archiving of books, records and documents in electronic form as well as access to data (GoBD), the server generates a continuous backup when an Internet connection is active; this backup includes both turnover-relevant information (transaction data) and information not relevant for turnover (master data).
The Customer is obliged to print Z reports on a monthly basis and to archive these in a reliable manner.
b) Particulars of the Fall-back mode
If no Internet connection is available and a connection of the client software “orderbird POS” to the administration and accounting module “my.orderbird” is therefore not possible, the client software switches to the so-called fall-back mode, in which data are collected but (according to the nature of the circumstances) are not recorded by the server. When using the system in this form, the Customer must ensure under all circumstances that the client software “orderbird POS” is started on the terminal and is synchronised with the administration and accounting module “my.orderbird” via the Internet at least once per week in order to ensure proper record keeping.
orderbird offers various services in accordance with the description of services, which are included in the price depending on the type of license or can be used additionally against payment of a fee. Ongoing support is subject to the following conditions.
With regard to ongoing support, the following definitions shall apply:
● “Support Contact” refers to up to three employees to be named by the Customer who have the sole authority to notify orderbird of any incidents. “Incident” refers to a malfunction of the SaaS solution “my.orderbird” described in section 2 of this contract, together with the hardware and software required for its use, in particular the “orderbird POS” application;
● “Response times” refers to the time between orderbird receiving notice of an incident and its first reaction to the Customer by return call, email but also starting to work on resolving the malfunction;
● “Business hours” refers to the customary business hours, which include a core time from 09:00 a.m. to 06:00 p.m. from Monday to Friday as a minimum; public holidays in the state of Berlin are excluded.
● “Working days” refers to the days Monday to Friday; public holidays in the state of Berlin are excluded.
Incidents are categorised as follows:
● Category 1 incident: means that the SaaS solution described in section 2 has frozen in live operation and is not able to process any data due to severe malfunction;
● Category 2 incident: refers to a problem of the SaaS solution causing severe disruption of material functions which cannot be resolved temporarily, e.g. by a workaround;
● Category 3 incident: refers to a problem not critical for the software’s basic function; the Customer is still able to log into the system, and/or a workaround is possible;
● Category 4 incident: refers to queries about operating the software.
orderbird will provide support services during business hours with the following response times, starting with registering the support request:
● Category 1 support request: two hours at most;
● Category 2 support request: four hours at most;
● Category 3 support request: ten hours at most;
● Category 4 support request: by the end of the next working day.
orderbird provides out-of-hours support services with the following response times, giving priority to telephone enquiries:
● Category 1 support request: six hours at most;
● Category 2 support request: ten hours at most;
● Category 3 and 4 support request: by the end of the next working day.
The reaction may be a message from the technical staff or the rectification of the fault. The notification must be made exclusively by a support contact person to the telephone number +49 30 208 983 099 or to the email address [email protected]
When purchasing pre-configured hardware the following provisions apply:
The goods shall remain the property of orderbird until the purchase price has been paid in full. If a third party should initiate enforcement proceedings against the goods, the Customer is obliged to inform orderbird immediately and to provide all information and documents necessary for an intervention.
Warranty claims by the Customer relating to the purchased hardware are subject to a limitation period of one year after delivery of the purchased item. This shall not affect the statute of limitations for recourse claims as defined in §§ 478, 479 BGB (German Civil Code). If used hardware is sold, the warranty is no longer valid.
The above mentioned restrictions shall not apply to claims for damages or reimbursement of expenses which are attributable to gross negligence, intent or breach of contractual obligations, the proper fulfilment of which makes it possible to execute the contract in the first place and upon the fulfilment of which the Customer may generally rely (hereinafter referred to as “cardinal obligations”). They also do not apply to claims for damages or reimbursement of expenses due to injury to life, limb or health or to claims based on the Product Liability Act (Produkthaftungsgesetz) are concerned. Insofar as a cardinal obligation is negligently breached, the liability of orderbird is limited to the amount of damages and expenses typically associated with the contract and foreseeable.
a) Paid Versions
The contract shall be concluded for a period of one month with the purchase of a monthly license, for a period of one year with the purchase of an annual license, for a period of three years with the purchase of a three-year license or for a period of ten years with the purchase of a lifetime license and shall be terminable without notice at the end of the contractual period of use.
If the contract is not terminated, it shall automatically be extended by the agreed period of use if it is not terminated with one month's notice prior to the end of the initial contract period. This does not apply to a contract for a lifetime license which is extended by one month respectively after the end of the period of use. The period of use is determined by the date of conclusion of the contract. In the case of a monthly license, it shall end on the day of the following month, the number of which corresponds to the day on which the contract was concluded. If the contract is concluded on the last day of a month, the period of use ends at the end of the last day of the following month, even if the number of days is less than that of the previous month. In the case of an annual license, it shall end on the date of conclusion of the contract in the following year, in the case of a three-year license on the date of conclusion of the contract after three years, and in the case of a lifetime license, on the date of conclusion of the contract after ten years.
For all customers who entered into an agreement before 4 September 2017, the following shall apply: If the contract is not terminated before the end of the second month following the initial contract period, it shall automatically be renewed for the initial agreed period of use. For the rest, the provisions of § 8 a) 2. remain applicable.
Notice of termination must be given in writing.
b) Free Version The contract for the use of the free version is concluded for a period of one month and can be terminated without notice at the end of the contractual period of use. In all other respects section 8. a) applies accordingly.
The amount of remuneration is determined by the written individual offer from orderbird, which can be requested at any time by email to [email protected] or by telephone under +49 30 208 983 099. Prices quoted are net prices and do not include VAT.
Remuneration is payable upon conclusion of the contract and thereafter upon the commencement of each new period of use. If the Customer purchases further licences during the term of this offer, orderbird reserves the right to adjust the invoice cycle and to invoice the remuneration for the additional licences at the same time as the original licence. The amount owed shall either be debited from a Customer's account after conclusion of the respective contract in accordance with a separate direct debit authorization or it shall be transferred by the Customer to the orderbird account specified in the offer at the aforementioned time. The Customer will receive an electronic invoice for the above amount.
In the event of non-payment, orderbird reserves the right to temporarily suspend performance until payment has been made in full. The Customer may only offset his own claims if they are undisputed, acknowledged by orderbird or legally established. These restrictions do not apply if the claim originates from the same contractual relationship as the claim of orderbird against which set-off is to be made.
Liability of orderbird for damage due to ordinary negligence is excluded unless injury to life, body or health or claims incurred pursuant to the German Product Liability Act are present. Liability for ordinary negligence remains unaffected in the event of breach of cardinal obligations, i. e. obligations whose fulfilment makes the execution of the contract possible in the first place and on whose observance the Customer may generally rely; however, liability in this case is limited to compensation for damages typically associated with the contract and foreseeable.
The same shall apply for breaches of obligations by orderbird’s vicarious agents.
In the event that significant technical, commercial or legal framework conditions are changed after conclusion of the contract, orderbird reserves the right to amend the content hereunder, with the exception of the major obligations to perform, if this is deemed acceptable to the Customer.
orderbird will inform the Customer of the amended contract by email or via my.orderbird.com. At the same time, the Customer is expressly advised that the respective amendment will become subject of the agreement between the contractual partners if the Customer does not object to such amendment by email to [email protected] or in writing within a period of four weeks from the announcement of the amendment.
If the Customer objects to the amendments in due time and form, the agreement continues without any change. Subsequently, orderbird is entitled to terminate the agreement, observing a period of notice of four weeks, if it is deemed unacceptable to orderbird to continue the agreement without any change.
Changes and amendments hereunder must be made in writing; at the time of conclusion of this agreement, there are no verbal supplementary agreements. The terms hereunder shall apply exclusively; deviating terms and conditions of the Customer are not part of this agreement, even if orderbird does not expressly object to them.
If the Customer is a merchant, a corporate body under public law or a special fund under public law, the place of jurisdiction is Berlin.
This agreement is subject to German law. Conflict of laws and the United Nations on Contracts for the International Sale of Goods (CISG) are expressly excluded.
Welcome to our website. Below you will find our data protection declaration:
I. General information
II. Specific information regarding the processing of personal data
III. Rights of the data subject.
Name: orderbird AG
Str.: Ritterstraße 12-14, Aufg. 3
Postcode, City: 10969 Berlin
Phone: 030 208 983 098
Fax.: 0321 214 681 89
Email: [email protected]
Name: kedapro UG (haftungsbeschränkt)
Str.: Adlerstraße 63
Postcode, City: 40211 Düsseldorf
Tel.: +49 (211) 93 67 22 66
Email: [email protected]
a) Purpose of data processing
Every time a user accesses a page of our website and every time a file stored on the website is accessed, access data about this process is stored in a log file. Each data record consists of:
(1) the page from which the file was requested,
(2) the name of the file,
(3) the date and time of the request,
(4) the amount of data transferred,
(5) the access status (file transferred, file not found, etc.),
(6) a description of the type of operating system and web browser used, (7) referrer URL, (8) Host name of the accessing computer, (9) the client IP address. We use this data to operate our website, in particular to determine the utilization of the website as well as malfunctions of the website and to make adjustments or improvements. The client IP address is used for the purpose of transmitting the requested data; it will be made anonymous by deleting the last digit block (Ipv4) or the last octet (Ipv6) once the technical requirement no longer applies.
b) Duration of storage
The data is stored each time a user accesses a page of our website and each time our website is accessed and is deleted as soon as it is no longer required for the purpose of collection, which is the case at the latest three months after the website visit.
c) Legal basis
The temporary storage of the aforementioned data is carried out on the legal basis of Art. 6 para. 1 letter f of the General Data Protection Regulation (hereinafter "GDPR"). The legitimate interest lies in the provision of our website and the examination of misuse.
d) Possibility of objection and elimination
By refraining from using our website, the data subject may object to the processing and, subject to the conditions described in more detail in the "Rights" section below, request the deletion of data collected with regard to him by means of an informal request.
a) Purpose of data processing
In order to make a visit to our website and the order process technically possible, we transfer so- called cookies to the end device of the person concerned. Cookies are small text files that can be used to identify the end device of the person concerned, usually by collecting the name of the domain from which the cookie data was sent, information about the age of the cookie and an alphanumeric identifier. By storing the cookie on the device used - without interfering with the operating system - it is recognized again and enables us to make any settings available immediately. We use this information to adapt our website and services offered to your needs and to accelerate the access to our website.
b) Duration of storage
The storage period of the various cookies varies, but does not exceed two years. They are stored on your local device, not on our server, so the actual deletion time depends on how your browser software is configured. Please refer to the operating instructions of your browser software to find out how you can delete cookies set by us on specific occasions or automatically.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 para. 1 lit. f GDPR. The legitimate interest for the setting of cookies is on the one hand to be able to optimize the quality of our website through an analysis of user behaviour and on the other hand to enable the visit of our website; in particular, some functions on our website cannot be used without cookies, because otherwise the user and his settings already made would not be recognized when changing pages, language settings would be lost and searches could not be executed. Furthermore, the data is stored on the legal basis of Art. 6 para. 1 lit. b GDPR for the execution of possible contracts with the visitor.
d) Possibility of objection and elimination
The person concerned can block the use of cookies in the terminal device used or delete them after use. Under certain circumstances, however, individual functions of our website may not be usable. How cookies can be blocked and cookies that have already been saved can be deleted is detailed in the instructions of your browser software.
a) Purpose of data processing
Name, address, bank details, e-mail address, telephone number and the client IP address at the time of placing a customer order are collected, stored and processed for the purpose of establishing or executing a contract with the visitor, which includes in particular the billing and processing of the contract.
The personal data will only be passed on to third parties if this is necessary for the execution of the contract, for example when commissioning a mail order company or using a payment service provider.
b) Duration of storage
The data will be deleted as soon as they are no longer necessary for the purposes for which they were collected or otherwise processed. This period is five years for personal data subject to § 147 AO (Abgabenordnung, German Fiscal Code) and ten years for personal data subject to § 257 HGB (Handelsgesetzbuch, German Commercial Code). The periods begin at the end of the calendar year in which the data was collected.
c) Legal basis
The aforementioned data is stored on the legal basis of Art. 6 para. 1 lit. b and lit. c GDPR in order to fulfil the obligations arising from contracts and to provide the services required for the execution of the contract.
d) Possibility of objection and elimination
Since we are bound by statutory retention periods and the data must be stored and processed for contract execution, an objection or deletion is not possible.
a) Purpose of data processing
A contact form is available on the website. The person concerned can contact us electronically and we can process the request. The following data is collected and stored: name, address, e-mail address, telephone number, date and time of the request and the description of the request.
A user can contact us by e-mail, fax or telephone. We store the data transmitted to us and provided by the person concerned for processing the request. These data are name, address, e-mail address, telephone and/or fax number, date and time of the inquiry and the description of the request, if necessary contract data, if the inquiry takes place in the context of a contract admission or - completion.
The data will not be passed on to third parties. They are used to process the contact request of the person concerned.
b) Duration of storage
As soon as the data is no longer necessary to achieve its purpose, it is deleted, which is the case when the conversation has been completed and the facts have been clarified and there are no contractual or tax retention periods to the contrary. This period is five years for personal data subject to § 147 AO and ten years for personal data subject to § 257 HGB. The periods begin at the end of the calendar year in which the data was collected.
c) Legal basis
The aforementioned data is stored on the legal basis of Art. 6 para. 1 lit. b GDPR as part of a contract initiation or fulfilment or in accordance with Art. 6 para. 1 lit. f GDPR. The legitimate interest of the responsible person is to be able to process the contact request and to prevent misuse of the contact request.
d) Possibility of objection and elimination
The person concerned has the right to object to the storage at any time. The data stored for the operation is then deleted. If a contract has been concluded, the above explanations regarding the "execution of contracts" shall apply.
a) Purpose of data processing
The person concerned can register a customer account with us by providing personal data that is transmitted to us. The data entered in the input mask or otherwise collected is stored. These are name, e-mail address, IP address, date and time of registration. Registration is necessary to provide certain content and services and also serves to establish and fulfil our contract with the person concerned.
b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they are deleted. If you register without concluding another contract, this is the case if the registration is deleted or the data is changed. In the case of a registration, which leads to a further contract conclusion, the data are deleted as soon as the legal and tax-legal defaults permit a deletion of contract data. This period is five years for personal data subject to § 147 AO and ten years for personal data subject to § 257 HGB. The periods begin at the end of the calendar year in which the data was collected.
c) Legal basis
The aforementioned data is stored pursuant to Art. 6 para. 1 lit. b GDPR in the context of contract fulfilment or initiation or pursuant to Art. 6 para. 1 lit. f GDPR. The legitimate interest is to be able to provide certain content and services for the benefit of the user.
d) Possibility of objection and elimination
The person concerned has the option of deleting the registration or adapting the data at any time. The account will be deleted or changed by notifying the contact named under S. I. There is no possibility of objection or removal of the registration and the data if the registration was used to establish or execute a contractual relationship; only the account can be deleted here. The account will be deleted using the above steps.
a) Purpose of data processing
A user can also contact us via chat. We store the data transmitted to us and provided by the person concerned for processing the request. These data are name, e-mail address, date and time of the
inquiry and the description of the request, if necessary contract data, if the inquiry takes place in the context of a contract admission or - completion.
The data will not be passed on to third parties. They are used to process the contact request of the person concerned.
b) Duration of storage
As soon as the data is no longer necessary to achieve the purpose, it is deleted, which is the case when the conversation has been completed and the facts have been clarified and there are no contractual or tax retention periods to the contrary. This period is five years for personal data subject to § 147 AO and ten years for personal data subject to § 257 HGB. The periods begin at the end of the calendar year in which the data was collected.
c) Legal basis
The aforementioned data is stored on the legal basis of Art. 6 para. 1 lit. b GDPR as part of a contract initiation or fulfilment or in accordance with Art. 6 para. 1 lit. f GDPR. The legitimate interest of the responsible person is to be able to process the contact request and to prevent misuse of the contact request.
d) Possibility of objection and elimination
The person concerned has the right to object to the storage at any time. The data stored for the operation is then deleted. If a contract has been concluded, the above explanations regarding the keyword "execution of contracts" shall apply.
a) Purpose of data processing
We will use the data received from the data subject in connection with the sale of a product or service for direct advertising for our services and products. In the case of email addresses, this only applies to similar goods or services of our own and if the person concerned has not objected to their use, which is pointed out during data collection (among other things herewith); in addition, the possibility of objection is pointed out for each use.
b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they will be deleted, which is the case if the person concerned has objected to direct advertising or if the time lapse after the last
advertising measure requires this with reference to the right of objection, which is the case after twelve months after the last advertising measure.
c) Legal basis
The legal basis for advertising after a purchase of goods or use of services is Art. 6 para. 1 lit. f GDPR. Direct advertising for sales promotion is of legitimate interest.
d) Possibility of objection and elimination
The person concerned can object to the use at any time for the future without incurring any costs other than the transmission costs according to the basic tariffs.
a) Purpose of data processing
It is possible to subscribe to a newsletter. If the person concerned registers for our newsletter, the data stored regarding the person concerned during registration will be transmitted to us from the input mask. This is your e-mail address, name, IP address, time and date of registration. The data collected is required in order to be able to send the newsletter.
b) Duration of storage
The data will be deleted as soon as the data is no longer necessary to achieve the purpose and the person concerned has unsubscribed from the newsletter. According to this, they are stored for ten years from the last newsletter dispatch for the purpose of proof in the event of queries regarding existing consents, taking into account the statute of limitations.
c) Legal basis
The aforementioned data will only be stored on the legal basis of Art. 6 para. 1 lit. a GDPR with prior consent within the framework of the notification. A possible revocation of the consent at any time does not affect the legality of the processing of personal data based on the consent until revocation.
d) Possibility of objection and elimination
The use of the data to subscribe to the newsletter can be revoked at any time with effect for the future by unsubscribing from the newsletter without incurring any costs other than the transmission costs according to the basic rates. This can be done by informal request to us. If the person concerned wishes to unsubscribe from the newsletter, he or she will find a correspondingly marked link in each newsletter, for example, which he or she only has to click on.
a) Purpose of data processing
We use the YouTube embedding function to display and play videos of the provider "YouTube", YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA, which is represented by Google LLC. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
When a YouTube video page is accessed, a connection is established to YouTube's servers, which is assigned to the user's personal profile and informs them of the pages visited on the website when they are logged in with their YouTube account. You can prevent this by logging out of your YouTube account beforehand.
b) Duration of storage
Information on data protection and the storage of personal data at "YouTube" can be found in the provider's data protection declaration at https://www.google.de/intl/de/policies/privacy.
c) Legal basis
The use of YouTube serves to protect our legitimate interest in an appealing presentation of our website in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.
d) Possibility of objection and elimination
At https://adssettings.google.com/authenticated you will find an opt-out function.
a) Purpose of data processing
In our blog, in which we publish various articles on topics related to our business, a user can make public comments.
These are published under the name specified. User name and e-mail address are required, all other information is voluntary. Furthermore, the IP address is stored.
The storage is necessary in order to be able to defend us against liability claims in cases of possible publication of illegal content. We need your e-mail address in order to contact you if a third party should object to your comment as unlawful.
b) Duration of storage
The data is stored with each user comment and deleted as soon as it is no longer required for said purposes, which is the case at the latest three months after the publication of the comment.
c) Legal basis
The aforementioned data is stored in accordance with Art. 6 para. 1 lit. f GDPR. The legitimate interest lies in the provision of our blog and in order to prevent misuse of the comment function.
d) Possibility of objection and elimination
The person concerned has the right to object to the storage at any time. The data stored for the operation is then deleted.
a) Purpose of data processing
We use Google Adwords to draw attention to our products and services on external websites. For this purpose, we use ad server cookies, through which certain parameters for measuring success, such as the insertion of ads or clicks by users, can be measured. If you access our website via a Google ad, Google Adwords stores a cookie on your device. These cookies usually expire after 30 days and are not intended to identify you personally. For this cookie, the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt- out information (mark that the user no longer wishes to be addressed) are usually stored as analysis values.
These cookies enable Google to recognize your internet browser. If a user visits certain pages of an Adwords customer's website and the cookie stored on their terminal has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page. Each Adwords customer is assigned a different cookie. Cookies cannot therefore be traced via the websites of Adwords customers.
We do not collect and process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. On the basis of these evaluations we can recognize which of the used advertising measures are particularly effective. We do not receive any further data from the use of advertising material; in particular, we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence on the extent and the further use of the data which are raised by the use of this tool by Google and inform you therefore according to our knowledge: By the integration of AdWords conversion Google receives the information that you visited the appropriate part of our Internet appearance or clicked an advertisement of ours. If you are registered with a Google service, Google may associate your visit with your account. Even if you are not registered with Google or have not logged in, it is possible that the provider may obtain and store your IP address.
For more information about Google AdWords' privacy policy, please visit the following web address
https://policies.google.com/technologies/ads?hl=en
b) Duration of storage
The cookie is valid for 30 days and will be deleted after expiration if you do not delete it yourself - for example by suitable settings of your browser or manually.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 Para. 1 lit. f GDPR and § 15 Para. 3 TMG.
d) Possibility of objection and elimination
You can block the use of cookies; the corresponding steps can be found in the instructions for your browser software.
a) Purpose of data processing
We use the conversion tracking technology "Bing Ads" from Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA) to draw attention to our products and services on external websites. For this purpose, we use ad server cookies, through which certain parameters for measuring success, such as the insertion of ads or clicks by users, can be measured. If you access our website via a Bing ad, Bing Ads stores a cookie on your end device. These cookies usually expire after 180 days and are not intended to identify you personally. For this cookie, the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt-out information (mark that the user no longer wishes to be addressed) are usually stored as analysis values.
These cookies enable Microsoft to recognize your internet browser. If a user visits certain pages of a Bing Ads customer's website and the cookie stored on their end device has not expired, Microsoft and the customer may recognize that the user has clicked on the ad and has been redirected to this page. Each Bing Ads customer is assigned a different cookie. Cookies can therefore not be traced via the websites of Bing Ads customers.
We do not collect and process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Microsoft. On the basis of these evaluations we can recognize which of the used advertising measures are particularly effective. We do not receive any further data from the use of advertising material; in particular, we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Microsoft server. We have no influence on the extent and further use of the data collected by Microsoft through the use of this tool and therefore inform you according to our level of knowledge: By integrating Bing Ads Conversion, Microsoft receives the information that you have called the corresponding part of our Internet presence or clicked on an advertisement from us. If you are registered with a Microsoft service, Microsoft may associate your visit with your account. Even if you are not registered with Microsoft or have not logged in, it is possible that the provider may obtain and store your IP address.
For more information about Microsoft Bing Ads' privacy policy, please visit: https://privacy.microsoft.com/de-de/privacystatement
b) Duration of storage
The cookie is valid for 180 days and will be deleted after expiration if you do not delete it yourself - for example by suitable settings of your browser or manually.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 Para. 1 lit. f GDPR and § 15 Para. 3 TMG.
d) Possibility of objection and elimination
You can block the use of cookies; the corresponding steps can be found in the instructions for your browser software.
a) Purpose of data processing
We use Twitter's conversion tracking technology "Twitter Ads" (Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) to draw attention to our products and services on external websites. For this purpose, we use ad server cookies, through which certain parameters for measuring success, such as the insertion of ads or clicks by users, can be measured. If you access our website via a Twitter Ad, Twitter Ads stores a cookie on your device. These cookies usually expire after 30 days and are not intended to identify you personally. For this cookie, the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt- out information (mark that the user no longer wishes to be addressed) are usually stored as analysis values.
These cookies enable Twitter to recognize your internet browser. If a user visits certain pages of a Twitter Ads customer's website and the cookie stored on their device has not yet expired, Twitter and the customer can recognize that the user has clicked on the ad and has been redirected to this page. Each Twitter Ads customer is assigned a different cookie. Cookies can therefore not be traced via the websites of Twitter Ads customers.
We do not collect and process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Twitter. On the basis of these evaluations we can recognize which of the used advertising measures are particularly effective.
We do not receive any further data from the use of advertising material; in particular, we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Twitter server. We have no influence on the extent and the further use of the data that is collected through the use of this tool by Twitter and therefore inform you according to our level of knowledge: By integrating Twitter Ads, Twitter receives the information that you have called the corresponding part of our Internet presence or clicked on an advertisement from us. If you are registered with a Twitter service, Twitter can assign your visit to your account. Even if you are not registered on Twitter or have not logged in, there is a possibility that the provider may obtain and store your IP address.
b) Duration of storage
The cookie is valid for 30 days and will be deleted after expiration if you do not delete it yourself - for example by suitable settings of your browser or manually.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 Para. 1 lit. f GDPR and § 15 Para. 3 TMG.
d) Possibility of objection and elimination
You can block the use of cookies; the corresponding steps can be found in the instructions for your browser software.
a) Purpose of data processing
The client IP address is collected for use of the Google Analytics service. This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on the end device of the person concerned and which enable an analysis of the use of the website. The information generated by the cookie about the use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on this website, Google will reduce the IP address of the person concerned within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website, to compile reports on the website activities and to provide the website operator with further services associated with the use of the website and the Internet. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they will be deleted, which is the case when the anonymisation within the European Union has been completed. This takes less than a second.
The data sent by us and linked with cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.
For more information, please visit https://www.google.com/analytics/terms/de.html and https://policies.google.com/?hl=en.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 para. 1 lit. f GDPR. The legitimate interest lies in the fact that we are able to analyse the use of the website by all users in its entirety without drawing conclusions about the behaviour of identifiable persons; this enables us to optimise our website and our offers.
d) Possibility of objection and elimination
The person concerned can prevent the storage of cookies by a corresponding setting of the browser software; however, we point out to the person concerned that in this case not all functions of this website may be used in full. Furthermore, the person concerned can prevent the collection of data generated by the cookie and related to the use of the website (including the IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link[http://tools.google.com/dlpage/gaoptout?hl=en].
a) Purpose of data processing
We use the intelliAd analysis service of intelliAd Media GmbH from Munich as a web analysis service with bid management. Cookies are used to enable statistical analysis of the use of this website by those affected. Cookies are small text files that are stored by the Internet browser on the user's terminal device. However, intelliAd's cookies do not contain any information that makes it possible to identify a user.
An automatic shortening of the IP address prevents intelliAd from accessing the unabridged IP address, which thus prevents personal reference.
b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they are deleted, which is the case when anonymisation has taken place. For technical reasons, this process takes less than one second.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 Para. 1 lit. f GDPR and § 15 Para. 3 TMG. The legitimate interest is that we are able to analyse the surfing behaviour of non-identifiable users; this enables us to optimise our website and our offers.
d) Possibility of objection and elimination
You can block the use of cookies; the corresponding steps can be found in the instructions for your browser software.
a) Purpose of data processing
We use the web analysis service of Visual Website Optimizer, which is operated by Wingfy Software Pvt Ltd, 14th Floor, KLJ Tower North, Netaji Subhash Place, Pitam Pura, New Delhi 110034, India. The service sends information to our server in order to understand how the user moves on the website (e.g. which links he clicks and how he moves the mouse) and how changes to the website, such as the design, the navigation elements, individual input forms, affect the usage behaviour (such as the length of stay and use of elements) of those affected. Cookies, i.e. small text files that are stored by the Internet browser on the user's terminal device, are used to recognize the user. For this purpose, Visual Website Optimizer collects the IP addresses, but pseudonymizes them immediately after collection in order to exclude a reference to those affected. Further information can be found at https://vwo.com/ privacy-policy/.
b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they are deleted, which is the case when the pseudonymisation has taken place. For technical reasons, this process takes less than one second.
c) Legal basis
The storage of the aforementioned data is based on Art. 6 Para. 1 lit. f GDPR and § 15 Para. 3 TMG. The legitimate interest is that we are able to analyse the surfing behaviour of non-identifiable users; this enables us to optimise our website and our offers.
d) Possibility of objection and elimination
You can block the use of cookies; the corresponding steps can be found in the instructions for your browser software.
a) Purpose of data processing
We do not collect any personal data through buttons on social networks. Nevertheless, we explain the technical background for the sake of completeness. We only use disabled buttons from Facebook, Instagram, Twitter, Google+ and YouTube social networks. This means that no data is transmitted to these networks. By clicking on the buttons, the person concerned decides to activate them and thus establish a connection to the servers of the operators of the social networks and thus to transmit data to the servers of the social networks in accordance with the agreement concluded by the person concerned with the social network. Activation leads to access to social network content. The type, purpose and scope of data collection and use can be found in the corresponding data protection declarations of the social networks.
After a second click on the button the user can send his recommendation to the social networks. If the person concerned wishes to recommend several pages, the consent is required on each page. If the person concerned wants the social network to have permanent access to his data, the person concerned can permanently activate the buttons. For this purpose, the appropriate check mark can be placed under a gear icon with the result that the selected button is always directly active.
b) Duration of storage
Duration of storage is based on the specifications of the operators of the social networks.
c) Legal basis
The operators of the social networks inform those affected about the legal basis.
d) Possibility of objection and elimination
Via the gear icon, via which the person concerned has activated the social media buttons, he can later also change his consent again and deactivate the buttons.
a) Purpose of data processing
We use tracking technology from Facebook Inc. based in the USA on our website. Your IP address is transmitted to the external provider at the time of your visit, the browser used, the operating system used and the page you have requested. In addition to us, Facebook Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland is responsible for data processing.
At the same time, a cookie is set that enables us to track how you have found our website - possibly via advertisements placed by us on Facebook, but also by other means. At the same time it is recorded whether our advertising measure has led to the conclusion of a contract (so-called conversion).
The collection of this data is necessary in order to be able to track the effectiveness of our advertising measures and to enable Facebook to bill us for our advertising measures. In addition, the data is used to link the information that the local website has been visited to your Facebook profile if you are a Facebook customer and log in there during or after your visit to our website. Facebook uses this procedure to determine your interests and preferences in order to present you with tailor-made advertising.
The data collected in this respect is only made available to us by Facebook in anonymous form; we do not store any personal data in this context. If, according to Facebook, data is also transmitted to the USA, this is done on the basis of the so-called Privacy Shield Agreement.
b) Duration of storage
According to Facebook, the data collected in this way is stored for a period of 90 days. After 90 days, the data will be made anonymous so that it can no longer be associated with you.
c) Possibility of revocation and removal
You can object to the collection of data by deactivating the use of cookies in your browser settings. However, we would like to point out that this may impair the functionality of our website.
a) Purpose of data processing
To protect the website against denial-of-service attacks, we use the services of the US provider cloudflare Inc.
We entered a data processing agreement with this service provider, which is Privacy Shield certified, so that it is ensured that the data processed there for us is in safe hands. The transmitted data are IP address, browser type, operating system used and the file called up in each case.
b) Duration of storage
The data will be deleted immediately after the page is accessed; the data will only be logged by us as described in the section "Visiting our website".
c) Legal basis
The storage of the aforementioned data is based on Article 6 para. 1 lit f GDPR ("legitimate interest"). The legitimate interest lies in maintaining the deliverability of our website and secure operation.
d) Possibility of objection and elimination
The person concerned can stop the data processing by stopping the use of our website.
a) Purpose of data processing
We use the following third-party tools to simplify ordering and payment processing:
When calling up the shopping cart, these providers use scripts integrated in our website to check whether the user is a customer of the respective provider and logged in there. This is done by matching any cookies stored by the provider in the user's browser.
For this purpose, the IP address, browser used, operating system and the page requested in each case are transmitted to the third party provider. We only collect data when a customer of a provider uses the service of the third party and arranges for the personal data stored there - namely the order and billing address - to be transmitted to us and, if necessary, for the payment process to be
processed in accordance with the user conditions of the service with which the customer has a contractual relationship.
b) Duration of storage
For our part, only the data that is transferred to us by the third party provider on behalf of the customer for the purpose of executing the contract will be processed. In this respect, the information on the duration of storage as stated above for the keyword "performance of the contract" applies.
Insofar as the third party providers process data on behalf of the customer, the storage period results from the data protection regulations of the respective provider to which reference is made here.
c) Legal basis
The legal basis for processing is Art. 6 para. 1 lit b GDPR, insofar as the data is used to process contracts via our website. As far as payment services are concerned, the storage is also based on Art. 6 para. 1 lit c GDPR, as the data collected in this way is of tax relevance and thus necessary to fulfil our tax obligation. Processing is also based on Article 6 (1) (e) GDPR because it serves our legitimate interest in enabling customers of the relevant service providers to use the services of their contractual partners and to ensure fast and pleasant contract execution.
d) Possibility of objection and elimination
Since we are bound by statutory retention periods and the data must be stored and processed for contract execution, an objection or deletion is not possible.
a) Purpose of data processing
We evaluate the behaviour of visitors to our website in order to be able to make predictive product recommendations during the course of the visit. If you register for our newsletter, the selection of the contents presented in it is also based on the evaluation of previous visits and purchases. At the same time, we use the information - for example about canceled orders - to improve our interaction with our users. We use the services of the business-analytics service provider Mixpanel, with whom we have concluded an order processing agreement. As far as data is transferred to the headquarters of the order processor in the USA, this is done in compliance with the requirements of the EU-US Privacy Shield Agreement. The collected data includes the IP address, browser type and operating system of the user as well as the accessed file(s) and, if you have provided us with this information within the
scope of an order or by registration for our newsletter, name, address, e-mail address and telephone number.
b) Duration of storage
Mixpanel stores the data on our behalf for a maximum period of one year since the last visit to our site; we ensure that older data records are deleted or made anonymous by transmitting deletion requests via the "Engage API" provided by Mixpanel.
c) Legal basis
The legal basis is our legitimate interest in providing our customers with an offer that is effectively tailored to their needs, Art. 6 para. 1 lit. e GDPR.
d) Possibility of objection and elimination
You can object to the processing by ticking "Yes, I would like to opt out" under this link (https://mixpanel.com/optout/) and clicking on the button marked "SAVE". This stores a cookie on your end device that prevents data from being collected. Please note that you must use the opt-out option again after you have deleted your cookies or because of the settings of your browser. Please refer to your browser's operating instructions for further information.
a) Purpose of data processing
We use tools from Intercom, Inc. and Zendesk, Inc. based in the USA to communicate with our customers. During the use the name, the connection identifier of the customer (telephone number, e- mail address etc.), as well as the communication content are raised by the service provider. These process the data on the basis of an order processing agreement concluded with us. The data is also collected and stored by us for the purpose of future direct advertising; in this respect, reference is made to our explanations on the keyword "direct marketing". As far as data is transferred to the headquarters of the order processor in the USA, this is done in compliance with the requirements of the EU-US Privacy Shield Agreement.
b) Duration of storage
The data will be stored for the duration of the contractual relationship with our customer, in the case of non-customers until the completion of the communication process, unless it is stored for a longer period for the purpose of direct advertising. If the data is relevant to tax or commercial law, the data
is stored in accordance with § 147 AO for a period of ten years, in accordance with § 257 HGB for a period of five years, beginning at the end of the year of data collection.
c) Legal basis
The data is collected and stored for the purpose of executing or initiating contracts, Art. 6 para. 1 lit. b GDPR, for compliance with our tax and commercial storage regulations, Art. 6 para. 1 lit. c GDPR and due to our legitimate interest in easy access to our customers and efficient organisation and processing of enquiries, Art. 6 para. 1 lit. e GDPR.
d) Possibility of objection and elimination
If there are no legal storage obligations, you can object to the processing in accordance with the conditions summarised below under the keyword "rights" and, if necessary, demand deletion of stored data. An informal notification is sufficient for this purpose.
If personal data are processed by the user on our website, the person concerned has the following rights against the person responsible in accordance with the GDPR.
The person concerned has the right to the following information:
(a) processing purposes;
(b) the categories of personal data being processed;
(c) the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations;
d) if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
(e) the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing;
(f) the existence of a right of appeal to a supervisory authority;
(g) where the personal data are not collected from the data subject, all available information on the origin of the data;
(h) the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR, and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
(i) where personal data are transferred to a third country or international organisation, the data subject shall have the right to be informed of the appropriate guarantees in accordance with Article 46 GDPR in relation to the transfer.
We provide the data subject with a copy of the personal data that is the subject of the processing. For all other copies requested by the data subject, the data processor may charge an appropriate fee on the basis of the administrative costs.
The data subject shall have the right to request the controller to rectify any inaccurate personal data concerning him/her without delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
The data subject has the right to require the data controller to delete personal data concerning him/her without delay and the data controller is obliged to delete personal data without delay if one of the following reasons applies:
(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
b) the data subject withdraws his/her consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing;
(c) the data subject opposes processing in accordance with Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject opposes processing in accordance with Article 21(2) GDPR;
d) the personal data have been processed unlawfully;
(e) the deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject;
f) the personal data was collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
The data subject has the right to require the controller to restrict processing if one of the following conditions is met:
(a) the accuracy of the personal data is disputed by the data subject for a period which enables the data controller to verify the accuracy of the personal data,
(b) the processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted;
(c) the data controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the purpose of asserting, exercising or defending claims; or
d) the data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR, as long as it is not yet clear whether the legitimate reasons of the data subject outweigh those of the data processor.
If the data subject has claimed from the data processor a correction with regard to his personal data in accordance with Art. 16 GDPR, a deletion Art. 17 para. 1 GDPR or a restriction on processing in accordance with Art. 18 GDPR, and if the data processor has informed all recipients to whom the data subject's personal data have been disclosed of the data subject's request (unless this was impossible or disproportionate), the data subject has the right to be informed by the data processor about the recipients.
The data subject has the right to receive the personal data concerning him/her that he/she has provided to a controller in a structured, current and machine-readable format and he/she has the right to transmit this data to another controller without our interference, provided that
a) processing is based on consent pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(b) processing is carried out by means of automated methods.
The rights and freedoms of other persons must not be affected by this.
When exercising the right to data transferability pursuant to paragraph 1, the data subject has the right to request that the personal data be transferred directly by us to another data controller, insofar as this is technically feasible.
The exercise of the right to data transferability does not affect the right to cancellation pursuant to Art. 17 GDPR. The right to transferability shall not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
The data subject has the right to object at any time to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the GDPR for reasons arising from his particular situation; this also applies to profiling based on these provisions.
We no longer process personal data unless we can prove compelling grounds for processing that outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims.
Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him/her for the purposes of such advertising, including profiling in so far as it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
The data subject may revoke his/her consent at any time. However, the collection and processing that has taken place up to this point remains legal.
The data subject shall not be subject to a decision based exclusively on automated processing - including profiling - which has legal effect against him or significantly impairs it in a similar manner.
This does not apply if the decision
a) is necessary for the conclusion or performance of a contract between the party concerned and us,
(b) is admissible under Union or Member State law to which we are subject and that law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the person concerned; or
c) with the express consent of the data subject.
These decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights, freedoms and legitimate interests of the data subject.
In the cases referred to in points a) and c), we shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person on our part, to state his own position and to challenge the decision.
Without prejudice to any other administrative or judicial remedy, any data subject shall have the right of appeal to a supervisory authority, in particular in the Member State of his place of residence, his place of employment or the place of suspected infringement, if the data subject considers that the processing of personal data concerning him or her is contrary to this Regulation.
Without prejudice to any available administrative or extrajudicial remedy, including the right of appeal to a supervisory authority under Article 77 GDPR, any data subject shall have the right to an effective judicial remedy if he considers that his rights under this Regulation have been infringed as a result of processing of his personal data in breach of the GDPR. Any action against us or against a processor shall be brought in the courts of the Member State in which we or the processor have a place of business. Alternatively, such actions may also be brought before the courts of the Member State in which the person concerned is resident, unless we or the processor is an authority of a Member State which has acted in the exercise of its sovereign powers
The following information is provided in accordance with legal regulations for the busi- ness purpose of concluding the contract with the customers of our online shop, ac- cording to our terms and conditions (link can be found here: https://www.orderbird.com/de/agb).
Your contractual partner is:
orderbird AG
Ritterstraße 12-14, Aufg. 4 10969 Berlin
Germany
Email: [email protected]
Telephone: 0800 - 67 337 24 free of charge when calling from Germany
+49 30 208 983 099 international number
Fax: +49 321 214 681 89
Company Head Office: Berlin
Court of Registration: Berlin District Court,
Charlottenburg Registration Number: HRB 134011
VAT-ID: DE276722316
CEO
Jakob Schreyer, c/o orderbird AG, Ritterstraße 12-14, Aufg. 4, 10969
Berlin, Germany
Chairman of the Supervisory Board
Carlo Ko lzer, c/o orderbird AG, Ritterstraße 12-14, Aufg. 4, 10969
Berlin, Germany
Principal features of our products can be found in the corresponding product descrip- tions. The services we offer can be found in our online shop, with the corresponding service descriptions on the page https://www.orderbird.com/de/leistungsbeschreibung.
a) my.orderbird FREE and my.orderbird PRO (monthly contract)
(1) For new customers, the order process for the my.orderbird FREE and the monthly my.orderbird PRO services is initiated by clicking on the button "Register free of charge" under the URL "my.orderbird.com". On the following page, please enter the name of your restaurant, city, e-mail address, and a password of your choice, then tick the box to confirm that you have read and agree to our T&Cs, and that you have read the data protection information and service description. Following this, please click on "CONTINUE" to proceed with the order. Hereafter, access to our my.orderbird FREE service will be available.
(2) If you are already registered, please enter your e-mail address and password under "Login" and click "Login".
(3) In order to gain access to the my.orderbird PRO service (monthly contract), please follow the "Settings" link on the left side of the page, then click on "Li- cence" and enter your bank details. Please check the box to indicate your consent to the SEPA mandate and click "Continue". After verifying and, if necessary, cor- recting your details on the following page, please click the "Purchase my.orderbird PRO (monthly contract)" link to complete the order. We will then send a confirma- tion e-mail to the e-mail address provided. After we verify your information, you will receive a second e-mail with a link to activate your account. The contract enters into force on receipt of this second e-mail.
b) Hardware Products
(1) The order process is initiated by selecting your chosen product and clicking “Add to shopping basket”. A “Shopping Basket” window will then open on the right-hand side of the page – this can also be opened by clicking on the shopping basket sym- bol. Here you can select your desired product quantity using the “-“ or “+” buttons. Af- terwards, you can continue shopping and add more products to your shopping bas- ket, as described above, or you can proceed with your order by clicking “To the checkout”.
(2) The next step: if you are an existing customer, you can log in with your previously saved details, or if you are a new customer, you can register with us by clicking “Cre- ate account”. Please click on the relevant button. To create a new account, enter the requested information and once your registration has been successful, please enter your chosen delivery address, then follow the link “Proceed to payment”. After clicking on this link, please specify your method of payment and enter the billing address, if it differs from the delivery address. At this stage, you can proceed with the payment by choosing either “PayPal” or “Immediate transfer” (see 3. C below for instruction). To complete your order, please tick the box next to the “Purchase” button to agree to our T&Cs, then observe both the legal notice and data protection information, confirming you have done so also by ticking the appropriate box. Please verify your details and chosen products, making any necessary amendments by clicking “Edit”. You can then confirm your payment by clicking on the “Purchase” button. Placing an order repres- ents an offer to conclude the purchasing agreement. Your order is both accepted and confirmed immediately after an automated e-mail has been sent. The purchasing agreement enters into force on receipt of e-mail confirmation.
c) Concluding the Contract with PayPal/Immediate transfer
After selecting either “PayPal” or “Immediate Transfer”, you will be redirected to the page of the relevant payment service provider. On this page, please enter the reques- ted information in accordance with the instructions of your payment service provider, or verify the details already input by your payment service provider where necessary. Afterwards, get back to our online shop by clicking “Return to shop”.
When placing an order, the customer is provided with a summary of the information that has been supplied before submitting the contract declaration. This enables any potential errors to be identified. Any errors can be amended by clicking on “Edit” at the bottom of the page.
a) my.orderbird FREE and my.orderbird PRO (monthly contract)
The my.orderbird FREE service is free of charge. Payments for the my.orderbird PRO (monthly contract) service can be made via direct debit or money transfer. For pay- ments made via direct debit, the amount payable monthly is deducted from the cus- tomer account within three days after the contract has been concluded. For future payments, the amount is deducted three days before the start of a new usage period, starting from the second usage period. Payments via money transfer must be made within three days after the contract has been concluded, then three days before the start of a new usage period, starting from the second usage period.
b) HardwareProducts
(1) Payments for hardware products can be made via direct debit or money transfer. For payments made via direct debit, the amount is deducted from the customer ac- count within three days after the contract has been concluded. Payments via money transfer must be made within three days after the contract has been concluded.
(2) Any packaging and delivery costs are separately indicated in the product descrip- tions.
(1) Contracts can be concluded in English, French and German.
(2) The contractual text is saved after the contract has been concluded, however it is not accessible to the customer. Please save the text during the order process if you wish to have your own copy.