- Scope
1.1. The General Terms and Conditions set below shall apply to all orders that we, PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany (Supplier), accept and execute through our web shop (www.peggell.com).
1.2. These General Terms and Conditions shall apply exclusively. Any of your terms and conditions as customer shall not apply.
- Conclusion of Agreement
2.1. Unless agreed otherwise you may order all products of our online shop through the website www.peggell.com. All product offers listed therein are without obligation and are no offers in a legal sense. If you have made your choice, placed the selected products into the product basket, have ticked the box „Accept Terms and Conditions“ and have sent away your order by clicking the button „Binding Order“ then you have placed a legally binding offer to the conclusion of a sale and purchase agreement regarding the products that you have ordered. Prior to sending, you may always remove or add products to your product basket. If you place an order, a contract shall only be concluded upon our confirmation of your order in accordance with section 2.3. Upon receipt of your order you will receive an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that you order has been duly received and which products you have ordered. Only upon our order confirmation in accordance with section 2.3 or any subsequent delivery a legally binding sale and purchase agreement shall have been concluded.
2.2. Your order shall be deemed accepted and thus the contract concluded if we, after receipt of the order, send you an order confirmation by e-mail or otherwise expressly confirms the order in writing. The issuance of the delivery slip or of the invoice or the delivery shall also constitute acceptance of the order by us.
- Personal Information on Ordering our in Online Shop
Through sending your order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.
- Prices
4.1. Prior to the conclusion of the binding agreement, we have the right to adjust the prices for the Goods at any time.
4.2. All prices indicated are inclusive VAT and in Euro.
4.3. Any additional costs such as shipping costs for shipments abroad (see also section 8.1), any customers duties, foreign VAT or other handling costs are not included in the price.
- Payment
5.1. You may pay orders placed through the web shop by credit card (Visa, American Express or MasterCard) or PayPal.
5.2. Payment of the purchase price is due immediately upon conclusion of the contract.
5.3. We reserve the right to ship the goods only after having received a prepayment.
5.4. In case of your default in payment, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a higher loss has been caused.
- Right to Revocation/Briefing on the Right to Revocation
6.1. Right to Revocation
6.1.1. You have the right to revocation of this Agreement within fourteen days (14) without giving reasons.
6.1.2. The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product.
6.1.3. To exercise your right of revocation you must inform us [PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany; e-mail: info@peggell.com] through explicit notice (e.g. letter sent by ordinary mail, fax-letter, or Email) about your decision to revoke this Agreement. You may use the revocation form in Sec. 23 below.
6.1.4. To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.
6.1.5. The right to revocation does not apply to sandals (“Flip-Flops”) that are individually customized for the customer based on an individual selection by the customer in the online shop. Such individually customized sandals are excluded from revocation (sec. 312g para. 2 no. 1 of the German Code Civil (BGB)).
6.2. Effects of Revocation
6.2.1. If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will charge any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier.
6.2.2. You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.
6.2.3. You have to bear the direct costs of the return of the goods.
6.2.4. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.
This is the end of the briefing on your revocation right.
- Retention of Title
We shall retain ownership title for the shipped Goods until we have received the payment in full.
- Delivery and costs of delivery
8.1. In addition, we will charge the shipping costs (delivery fee). The delivery fee depends on the country of delivery and will be shown in our web shop.
8.2. Partial deliveries are permitted. However, no additional shipping costs shall be charged.
8.3 The delivery time depends on the delivery address of the buyer. Delivery takes place in approx. 3 – 12 working days.
- Transfer of risk
The risk of the accidental loss of the Goods shall transfer to you upon the handover of the Goods to the transport person for delivery.
- Inspection of Goods, Warranty and Guarantee
10.1. If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is, however, of no adverse effect to your rights.
10.2. We are liable for defects in accordance with the applicable statutory provisions, in particular Sec. 434 ff. of the German Civil Code (“BGB”). In this case, you have a legal right, at your selection, to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense.
10.3. The limitation period for statutory claims for defects is two years and begins with the delivery of the Goods.
10.4. An additional guarantee only exists if this was expressly stated in the order confirmation for the respective item.
- Liability
11.1. We are not liable for your damages with the following qualification:
11.2. We are liable for an intentional or grossly negligent breach of duty. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called „cardinal obligations“).
11.3. If we shall be liable for simple negligence according to sec. 11.2 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.
11.4. The above liability limitations do not apply if we have issued a guarantee for the characteristics of a product or fraudulently concealed the defect or if we and you reached an agreement on the quality of the Goods or for damages that are to be compensated pursuant to the German Product Liability Act or for losses/damages regarding life, physical integrity or health.
11.5. The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.
- Data Protection
12.1. We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically.
12.2. All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Customers data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by usfor marketing purposes only. We further assure that your address data will not be disseminated to third parties for marketing purposes.
12.3. Notice: Yue may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to [PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany or Email to [info@peggell.com]. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection wewill no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you catalogues and other marketing material.
- Contact Details
13.1. Our customer service is available for questions and suggestions at info@peggell.com.
13.2. Written notices under this contract shall be sent by registered mail to the following address: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.
- Set-off and retention right
14.1. You are only entitled to off-set against our claims or exercise a right of retention if your counterclaims have been legally established or are undisputed. You are entitled to off-set and to execute a right of retention against our claims if your assert notices of defects or counterclaims from the same purchase contract.
- Applicable law and place of jurisdiction
15.1. All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.
15.2. For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.
15.3.
Refund and Return Policy
- Overview
16.1. In addition to your statutory right to revoke the agreement and to return the Goods according to sec. 6, we grant you the right to return the Goods subject to the qualifications of our refund and return policy in this Sec. 16 and in Sec. 17-22 below.
16.2. We will return you your purchase price if you return the received Goods to us no later than 30 days after the purchase. We must receive the returned Good by the end of the 30-days-period free of any charges. If more than 30 days have passed since your purchase, we cannot offer you a refund or exchange. We will not refund the shipping costs (delivery fee), if any.
16.3. To be eligible for a return under this Return Policy, your Good must be unused and in the same condition that you received it. It must also be in the original packaging.
16.4. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
16.5. Additional non-returnable items:
16.5.1. Sandals (“Flip-Flops”) that are individually customized for you based on an individual selection by you in our online shop.
16.5.2. Gift cards
16.5.3. Downloadable software products
16.5.4. Some health and personal care items
16.6. To complete your return, we require a receipt or proof of purchase.
16.7. Please do not send your purchase back to the manufacturer.
16.8. There are certain situations where only partial refunds are granted:
16.8.1. Book with obvious signs of use.
16.8.2. CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
16.8.3. Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
16.8.4. Any item that is returned more than 30 days after delivery.
- Refunds
17.1. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
17.2. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
- Late or missing refunds
18.1. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@peggell.com.
- Sale items
19.1. Only regular priced items may be refunded. Sale items cannot be refunded.
- Exchanges
We only exchange Goods if they are defective or damaged according to Sec. 10 above. If you need to exchange a defective or damaged Good for the same Good, please send us an email at info@peggell.com and send your item to: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.
- Gifts
21.1. If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
21.2. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.
- Shipping returns
22.1. To return your product, you should mail your product to: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.
22.2. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
22.3. Depending on where you live, the time it may take for your exchanged product to reach you may vary.
22.4. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
- Model Revocation Form
If you want to revoke the contract, please fill out this form and send it back.
At:
PEGGELL Europe GmbH
Silberberg 179856 Hinterzarten
Germany
Email: info@peggell.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the written form is used)
- Date
___________
(*) Delete where inapplicable.
Data Protection Statement
We respect your (hereinafter also referred to as User) privacy. PEGGELL Europe GmbH (hereinafter Peggell, we, us or our) is committed to maintaining a strong privacy protection and to collecting, processing and using your personal data in accordance with the law. If you have any questions about privacy protection, please contact us at the contact information indicated below in section 2.
- Overview an data protection
You can use our website peggell.com in principle without providing your personal data, unless you wish to make use of our offer in our online shop. The processing of personal data (name and surname, delivery and payment address, telephone number or e-mail address) is carried out in accordance with the General Data Protection Regulation (GDPR) and all other data protection laws that may apply to Peggell in an individual case. This Privacy Notice is designed to inform you about the nature, purpose and scope of the personal data we collect, use and process.
- Data Controller
The controller of your personal data is Peggell. Peggell is responsible for the collection, processing and use of personal data within the meaning of the GDPR and other individually applicable data protection laws and can be contacted using the following contact details:
PEGGELL Europe GmbH
Silberberg 1
79856 Hinterzarten
Germany
E-mail: info@peggell.com
- Use of cookies and other web-tracking tools
The following information refers to and is valid for our website peggell.com:
3.1. Cookies
To simplify the use of our service, to make it more secure and to improve the quality of our service, we use so called cookies. Cookies are small text files which include an anonymous unique identifier. Cookies are sent to a User’s browser from our servers and are stored in the User’s computer hard drive. We use permanent cookies and session cookies. Permanent cookies enable, e.g., an automatic login, if this is expressly requested by the User during registration. Session cookies store, e.g., your selected language code or the login information within a visit session on our website. Session cookies are automatically deleted at the end of your visit to our website, while permanent cookies remain on your computer after you close your session and until you delete them. With cookies we collect information about the usage of our service, such as the articles clicked on during a session. For logged-in Users, this allows us to generate better and more relevant search results, provided cookies are allowed by you. You may refuse the use of cookies at any time or have a warning displayed each time before accepting a cookie, by selecting the appropriate settings on your browser. Note, however, that the deactivation of cookies may affect the functionality of our website.
Cookies that are necessary to perform the electronic communication process or to provide certain functions requested by the User (e.g. shopping cart function) will be stored on the basis of art. 6para. 1 lit. f GDPR, respectively the corresponding individually applicable data protection provision. We have a legitimate interest in storing cookies for the technically correct and optimized provision of our online service. Insofar as other cookies (e.g. cookies to analyze your surfing behavior) are stored, such cookies will be addressed separately in this privacy policy.
3.2. Server log files
The website provider automatically collects and stores information in so called server log files, which your browser automatically transmits to us. These are:
* Browser type and version
* Operation system used
* Referrer URL
* Host name of the accessing computer
* Time of the server request
* IP address
as well as other similar data and information, which serve to advert danger in the event of attacks on our information technology systems. This data is not merged with other data sources. This information is required
* to display the content of our website correctly
* to optimize the content of our website
* to ensure the long-term functionality of our information technology systems and the technology of our website, and
* to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
This data and information collected anonymously is used for statistical purposes and is evaluated with the aim of improving data protection and data security at Peggell, in order to ensure an optimal level of protection for the personal data we process.
This data is processed by us on the basis of art. 6 para. 1 lit. b GDPR, respectively the corresponding individually applicable data protection provision, which permits us to process data for the performance of a contract or pre-contractual measures.
3.3. Google Analytics
We use Google Analytics by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA to analyze the activities on our website, so that the data collected is usually transferred to a Google server in the USA or another third country and stored there. The IP addresses will be anonymized using the IP anonymization function, so that the data cannot be associated. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and anonymized there. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. Google Analytics uses “cookies” to analyze your use of our website (see section 3.1 above). You can object the collection and processing of this data by Google Analytics by setting an opt-out cookie. This prevents the future collection of your data when visiting our website. You can find further information here. Further information on the handling of user data by Google Analytics can be found in Google’s privacy policy.
The storage of Google Analytics cookies is based on art. 6 para. 1 lit. f GDPR, respectively the corresponding individually applicable data protection provision.
3.4. Facebook Pixel
We use the analysis tool Facebook Pixel of the social network Facebook from Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter referred to as Facebook). By means of Facebook Pixel, it is possible for Facebook to determine you as a visitor to our online services as a target group for the display of ads (so-called Facebook-Ads). As a result, our Facebook-Ads are only displayed to Facebook users who have also shown an interest in our online services or who exhibit certain characteristics transmitted by us to Facebook, such as interest in certain topics or products. Furthermore, using Facebook Pixel, the effectiveness of Facebook-Ads can be tracked for statistical and market research purposes.
The processing of data by Facebook complies with Facebook’s data policy. General information about Facebook-Ads can be found in Facebook’s Data Policy. Further information on Facebook Pixel and how it works can be found in Facebook’s help area.
Where Facebook acts as a data processor for the processing of data, we have concluded a data processing agreement with Facebook in which we oblige Facebook to protect our user’s data and not to disclose it to third parties.
You can object to the collection of your data by Facebook Pixel and the use of your data to display Facebook-Ads using the opt-out option. The corresponding settings can be found on Facebook under “Ads” and the “Ad settings for personalized ads”. Furthermore, you can object to the use of cookies that are used for reach measurement and advertising purposes via the Network Advertising Initiative Opt Out of Interest-site and additionally the US website aboutads.info or the European website youronlinechoices.com.
The use of Facebook Pixel and the storage of the corresponding cookies is based on art. 6 para. 1 lit. f GDPR respectively the corresponding individually applicable data protection provision, and our legitimate interest in analyzing user behavior in order to optimize both our website and our advertising.
- Contact form
You may contact us, for example, via the contact form, e-mail, telephone or social media. If you contact us, your personal data will be processed for the purpose of handling the contact request. The personal data that is transmitted in this process depends on the respective input mask that is used for contacting us or on the additional data that you transmit to us. The personal data you transmit to us is collected and stored exclusively for internal use for our own purposes. We may transfer the data to processors who will process the data on our behalf. Neither Peggell nor any data processors may transfer the data to other third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
This data is processed by us on the basis of art. 6 para. 1 lit. b GDPR, respectively the corresponding individually applicable data protection provision, which permits us to process data for the performance of a contract or pre-contractual measures.
The data transmitted to us will be stored by us until you request its deletion, revoke your consent to store it, or the purpose for storing the data no longer applies, e.g. after we have completed processing your request. Mandatory legal provisions — in particular retention periods — remain unaffected.
- Marketing
We use your contact information to inform you via e-mail and/or other electronic notifications by means of a newsletter about our online services only with your consent or statutory permission.
The use of your data for marketing purposes, market research and/or the prevention of criminal offenses is based on your consent (if provided) (art. 6 para. 1 lit. a GDPR in conjunction with art. 7 GDPR, respectively the corresponding individually applicable data protection provision), and our legitimate interest in analyzing user behavior in order to optimize both advertising of our services and the prevention of criminal offenses (art. 6 para. 1 lit. f GDPR, respectively the corresponding individually applicable data protection provision).
You can at any time unsubscribe from our newsletter, i.e. revoke your consent, by clicking on the corresponding link at the end of our newsletter.
- Mailchimp
We use Mailchimp for sending newsletters and promotional e-mails. Mailchimp is owned and operated by The Rocket Science Group LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. Your e-mail address, your name and company name (if you disclose them) and the use of the newsletter will be stored on Mailchimp’s servers in the USA. Mailchimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, Mailchimp may use this data to optimize or improve its own services, e.g. to technically optimize the sending and display of the newsletters or for economic purposes to determine from which countries the recipients come. However, Mailchimp does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties. Further information on the handling of user data by Mailchimp can be found in Mailchimp’s privacy policy.
- Data security
We protect your information from unauthorized access, use, disclosure, alteration or destruction by implementing various organizational and technological security measures according to the current state of art. The security measures are continuously improved in line with technological developments.
- Rights
8.1. Information, supplementation and correction
You may revert at any time by e-mail to info@peggell.com for requesting information about the personal data we store about you, request that your data be supplemented or that inaccurate personal data be corrected.
8.2. Revocation of consent
Some data processing activities are only possible with your explicit consent. You can revoke your consent at any time. For this purpose, an informal message by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation. Upon revocation, we will immediately cease the processing of your personal data, unless there are legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
8.3. Deletion
You can request the deletion of the personal data we have stored about you by sending an e-mail to info@peggell.com. We will delete the stored personal data about you immediately and irrevocably as soon as all existing contracts and other legal relationships with you have been completely settled and insofar as we are not required by statute to store your personal data or the processing serves the assertion, exercise or defense of legal claims.
8.4. Right of appeal to the competent supervisory authority
Irrespective of any other administrative and/or judicial remedies, you have the right to lodge a complaint with the competent supervisory authority in the event of data protection violations.
8.5. Right to data transfer
You have the right to receive your personal data, which we process based an your consent or in performance of a contract, in a structured, commonly used and machine readable format to you or a third party, provided that the data is available in such a format.
- Duration of data processing
We will store your personal data for the duration of the contractual relationship and permanently and irrevocably delete or anonymize it if
* * the contractual relationship ends (for details, please refer to the General Terms
* and Conditions of PEGGELL Europe GmbH),
* * you delete individual data or your account yourself,
* the data is not necessary for the performance of a contract,
* there is no legal obligation to retain the data, or
* the processing is not necessary for the assertion,
exercise or defense of legal claims.
Please note that for technical and/or organizational reasons it may take several days to delete or anonymize your data irrevocably and permanently. Insofar we anonymize your personal data instead of deleting it, we will ensure that your data no longer has any personal reference to you after anonymization.
- EU-Representative
We have appointed the following EU representative:
Peggi Herrdum
Silberberg 1
79856 Hinterzarten
Germany
- Changes to our Privacy Policy
Due to the constant further development of electronic data processing, we reserve the right to change this Privacy Notice at any time. We will notify you in writing of any changes to this Privacy Notice here an our website and/or in your account or to a contact address provided by you.
- Legal Notice
PEGGELL Europe GmbH
Silberberg 1
79856 Hinterzarten
Germany
Phone: +41 79 828 8605
info@peggell.com
www.peggell.com
Commercial register no.: HRB 92047
Director : Mrs Peggi Herrdum
- Information an complaints / dispute resolution
In order for consumers and traders to resolve a dispute out-of-court, the European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr/ (online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation). We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board. For complaints or complaints of any kind, please contact our customer service directly. The Peggell team will do everything possible to find an amicable solution together. In addition, in the event of disputes, you also have the option of having them settled out of court.