Terms of Use
for the Website
§ 1 Scope
(1) The following terms of use (hereinafter: the "Terms of Use") govern the use of the website https://pale-berlin.com and its subpages including the online shop (hereinafter: the "Website") by its visitor (hereinafter: the "User", "You", “Your”).
The Website is operated by
Schütze&Ziel GbR, Edith Schütze und Michael Ziel,
Plauener Straße 163-165,
13053 Berlin, Germany
E-Mail: info@pale-berlin.com
(hereinafter: "We", "Us", “Our”).
(2) Please read these Terms of Use carefully before using the Website. By using the Website, the User agrees to these Terms of Use. The use of the Website is permitted exclusively on the basis of and within the scope of these Terms of Use.
(3) In individual cases, e.g. for the purchase of goods, additional special conditions may apply (hereinafter: "Special Conditions"). Insofar as Special Conditions contradict these Terms of Use, the regulations in the Special Conditions shall apply.
§ 2 Liability
(1) We are responsible for "own content" on the Website, according to the general laws. Although the contents of the Website are created with the utmost care, We do not guarantee the timeliness, accuracy, completeness or quality of the information provided. We reserve the right to make changes. A distinction must be made between Our own content and cross-references ("links") to content provided by other providers. By these cross-references We hold in this respect "foreign contents" ready for use. This third-party content was checked when the link was first set up to determine whether it might give rise to any civil or criminal liability. However, it cannot be ruled out that the contents are subsequently changed by the respective providers. We do not constantly check the "external content" referred to on the Website for changes that could give rise to a new responsibility. Users follow links to other Internet sites at their own risk and use them in accordance with the applicable terms of use of the respective Internet sites. If You believe that the linked external sites violate applicable law or otherwise have inappropriate content, please let Us know.
(2) We make every effort to ensure that the Website is available without interruptions. However, due to the nature of the Internet and computer systems, We do not guarantee this. In particular, Your access to the Website may occasionally be interrupted or restricted in order to make adjustments or updates.
(3) Although We always try to keep the Website free of viruses, We do not guarantee that it is virus-free. Before downloading information, the User will ensure appropriate security devices and virus scanners for their own protection as well as to prevent viruses on the Website.
(4) The information on the Website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g. due to product changes). This information therefore does not constitute a quality guarantee.
(5) The presentation and advertising of goods on the Website does not constitute a binding offer to conclude a purchase contract. The conclusion of a purchase contract requires an order by the User via the Website and a declaration of acceptance of that order by Us. Please note, that We only sell Our products to customers who are of legal age and have full legal capacity. If this does not apply to You, do not place an order yourself but let Your legal representative place an order for You. Please note as well, that Our online store is reserved for Our consumer customers (i.e. a natural person who places the order for a purpose that cannot be attributed to its commercial or independent professional activity). If You are an entrepreneur or merchant with interest in Our products, please refrain from placing orders via the Online Store and feel free to contact Us at customers@pale-berlin.com. Further information on the conclusion of purchase contracts can be found in the general terms and conditions (GTC) published on the Website, which You can also view at https://pale-berlin.com/pages/general-terms-and-conditions-of-sale.
(6) We shall be liable for claims for damages in accordance with the statutory provisions in the event of (a) intent and gross negligence, (b) injury to health, body or life, (c) due to the assumption of delivery or quality guarantees, (d) fraudulent concealment of a defect as well as (e) in the event of claims based on the German Product Liability Act (ProdHaftG).
(7) If We culpably violate a material contractual obligation or if You are entitled to claims for damages instead of performance, the liability for damages shall be limited to the typically occurring, foreseeable damage. Material contractual obligations in this sense are obligations that protect those legal positions of the User that are material to the agreement and that the agreement is intended to grant to the User according to its content and purpose; furthermore, contractual obligations whose fulfillment makes the proper execution of the agreement possible in the first place and on whose fulfillment the User may regularly rely. In all other respects, claims for damages (e.g. damages and reimbursement of expenses) against Us are excluded. All restrictions also apply in favor of Our legal representatives and vicarious agents if claims are asserted directly against them.
§ 3 Right of withdrawal
(1) If You are a consumer (i.e. a natural person who uses the Website for a purpose that cannot be attributed to Your commercial or independent professional activity), You have a right to withdraw Your agreement to these Terms of Use in accordance with the statutory provisions.
(2) The right of withdrawal according to para. 1 shall be governed by the provisions set forth in detail in the following
- Cancellation policy -
Right of withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the agreement.
To exercise the right of withdrawal, You must inform Us
Schütze&Ziel GbR, Edith Schütze and Michael Ziel,
Plauener Straße 163-165,
13053 Berlin, Germany
E-Mail: info@pale-berlin.com
of Your decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If You withdraw from this agreement, We shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
Model withdrawal form
(If You wish to withdraw from the service agreement, please complete this form and return it to Us)
— To: Schütze&Ziel GbR, Edith Schütze und Michael Ziel, Plauener Straße 163-165, 13053 Berlin, Germany E-Mail: info@pale-berlin.com
— I/We (*) hereby give notice, that I/we (*) withdraw from my/our (*) agreement for the provision of the following service:
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— date
(*) Delete as appropriate
- End of the cancellation policy -
§ 4 Use and processing of content
(1) The information published on the Website, including editorial materials, information texts, documentation, databases, photographs, video and audio clips, downloads, illustrations, artistic designs and other graphic elements, materials, names, trademarks and logos are Our property or the property of Our licensors and are protected by national and/or international copyright, database rights, trademark rights and/or other industrial property rights. The User is obligated to observe these rights, in particular not to remove trademark and copyright notices neither from the information nor from copies thereof.
(2) Users may not systematically download, reproduce and/or distribute the information on the Website.
(3) The word and figurative mark "Pale", other product marks, images and logos identify Our products or those of Our licensors and are trademarks protected by Us or Our licensors. Registrations may not yet have been made in all relevant countries. The use of these trademarks is only permitted with Our express permission. The use of the name "Pale" as a reference, for example to link to the Website, is permitted. For such use, Schütze&Ziel GbR, Edith Schütze und Michael Ziel, must be notified in advance at info@pale-berlin.com.
§ 5 Duties of the User when using the Website
Users may not when using the Website:
- harm persons, especially minors, or violate their personal rights;
- violate these Terms of Use and any applicable Special Conditions with their usage behavior;
- violate morality with their usage behavior;
- violate industrial property rights, copyrights or other proprietary rights;
- transmit content with viruses, so-called Trojans or other codes that can damage or modify software;
- Damage, disable, overburden or otherwise impair any server or network used by Us;
- gain unauthorized access to accounts, computer systems or networks connected to the Website;
- Enter, store or transmit hyperlinks or content that they are not authorized to enter, store or transmit, particularly if such hyperlinks or content violate confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like, or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar promotions.
§ 6 Country-specific requirements and contact information
The pages of the Website observe the requirements of the Federal Republic of Germany in which We, as the operator, are seated. We assume no responsibility for the fact that information from the Website may also be accessed or downloaded in locations outside of the Federal Republic of Germany. If You access the Website from locations outside of the Federal Republic of Germany, You are solely responsible for the compliance with the relevant regulations under the law of the country in question. Access to information on the Website from countries where such access is unlawful is not permitted.
§ 7 Consequences of unauthorized use
Without prejudice to any other rights (whether based on law or otherwise), We reserve the right to cancel any order placed by the User and/or prohibit the User from accessing the Website if the User is in breach of these Terms of Use.
§ 8 Data protection
Personal data provided through or collected in connection with this Website will only be used in compliance with German data protection laws and the GDPR as well as Our privacy policy. Our privacy policy is published on the Website or can be viewed at https://pale-berlin.com/policies/privacy-policy.
§ 9 Other provisions
(1) We are entitled to change or amend these Terms of Use without giving reasons with a reasonable notice period. The announcement shall be made on the Website. If the User does not object to the amended or supplemented Terms of Use within 14 days of their publication, the amended or supplemented Terms of Use shall be deemed accepted. If the User objects in due time, We shall be entitled to terminate this agreement as of the date on which the amended or supplemented Terms of Use come into force.
(2) Subsidiary agreements to these Terms of Use must be made in writing.
(3) The law of the Federal Republic of Germany shall apply to all disputes arising from and in connection with the use of the Website, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you have your habitual residence in another country at the time of using the Website, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1. If you are a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction is Berlin, Germany, unless an exclusive place of jurisdiction is assigned by law.
(4) In the event of You being a consumer and having problems with goods purchased on the Website: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(5) If You have any concerns about the security of this Website or any copyright or trademark issues, please let Us know by using the following email address customers@pale-berlin.com.