(1) Automatic collection, processing and use of personal data
(1.1) Web service log files
When you access the web pages of our website with your browser, our online shop server automatically stores the information required for the operation of a web service in log files, including the name of your browser, the name of your internet service provider, the IP address of your PC, the address of the web page from which you accessed our online shop, the name of your operating system, the web pages you visit on our website, as well as the date and duration of your visit. This information is temporarily stored in the log files and automatically deleted afterward. The purpose of this storage is, in case of a problem, to enable an analysis of activities which possibly caused the fault.
Our online shop uses session cookies, which are small files transferred to your PC by the web server. These files are used to track your movement from page to page in our online shop or to manage a shopping cart.
One the one hand, cookies are differentiated according to the duration of their storage. So-called session cookies are automatically deleted when you close your browser. A session cookie can be used to manage a shopping cart or to identify products of special interest, whereas permanent cookies remain stored on your PC. Information about the storage duration is provided by your browser. A permanent cookie can be reread the next time you visit our website. To prevent this, you can delete the permanent cookie after your visit to our website. Permanent cookies can for example be used to provide information from a shop website for use by an online payment service.
On the other hand, cookies are differentiated according to their origin. So-called first-party cookies always originate from the website indicated in your browser's address bar. So-called third-party cookies originate from websites which you have not visited directly, but have been tied into in the first-party's website by means of images or advertisements. Your browser can tell you the sources of the cookies stored on your PC.
Most browsers are set to accept cookies. To disable this function, please change the corresponding settings of your browser. If your browser does not accept any cookies, you might not be able to visit all the web pages of our online shop without any trouble. To place an order, it is necessary for you to set your browser to accept session cookies. Session cookies are automatically deleted when you close your browser.
The web analysis tool that we use, Google Analytics, stores a permanent cookie on your PC, when this function is enabled by the browser settings. A permanent cookie can be reread the next time you visit our website. To prevent this, you can delete the permanent cookie after your visit to our website.
(1.3) Web Analysis Tool Google Analytics
Regardless of the way your browser handles cookies, you can opt out of any collection, transfer, and processing of Google Analytics related data (including your IP address) by downloading and installing a Browser Plug–In, which can be downloaded using this link http://tools.google.com/dlpage/gaoptout?hl=en
(1.3) Market research and optimization of our website
To optimize our website and our advertising, we store individual usage data under pseudonyms. This will not result in our contacting you personally with advertisements. In addition, it is prohibited by law to combine these usage data with information on the bearer of the respective pseudonym. However, if you do not want us to collect and analyze your usage data in this manner, you can opt this out by sending a simple e-mail to firstname.lastname@example.org.
(1.4) Pin it! Button
If you access a web page on our website which contains the Pin it! Button, a connection to the Pinterest server is set up via a plug-in. If you are logged in as a member of Pinterest at this time, the information that you have accessed our website is transmitted to your Pinterest account. Your interaction with Pinterest, e.g. linking one of our shop offers on your pin board, is directly controlled by the Pinterest server. The responsible office with regard to data privacy regulations for the processing of your data during the use of the Pin-It! Button is the partner company Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA. To find out more about Pinterest privacy policies, go to http://pinterest.com/about/privacy/.
If you are not a member of Pinterest, or if you logged out of your Pinterest before you visited our website, only your IP address is transmitted to the Pinterest server to enable the graphic representation of the button stored on the Pinterest server to be displayed in your browser.
We use retargeting technologies to selectively advertise products on our partners' websites in which you were interested in our shop.
During retargeting advertising material is adapted and displayed based on a cookie-based and anonymized analysis of the previous user behavior. No personal data are stored.
You can opt out the use of data generated by the cookie and relating to your use of our website by adjusting your browser settings to refuse third-party cookies.
(2) Collection and use of your information
(2.1) Information for processing your order
To enable optimum processing of your order, we collect and store information required for business purposes and communicate it, if required, to the companies (payment, logistics, shipping) involved in the completion of your order.
The payment process is handled by an external service provider. For this purpose you will temporarily be redirected to the service provider’s website when you place your order (check out). Basically It’s Written does not collect or store your credit card information your Paypal or Postfinance account information. Payment information may temporarily be stored as an exception only for returns or complaints and only if you provide this information to us.
We will use your e-mail address to send you status information about your order. As an unregistered shopper, you will be asked to state your e-mail address with every order. It will not be used for any other purpose unless you expressly consent to this.
(3) Further privacy policies
(3.1) Controller of the data file
The controller of the data file in terms of data privacy is the company stated in the site notice. This company is responsible solely for the web pages published on the domain www.itswritten.eu , however not for partner company web pages which may be linked from web pages of our website.
(3.2) Linked web pages
Scope of application/contact details
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, It’s Written, and you as our customer via our online shop on www.itswritten.eu (hereinafter referred to as "online shop").
Contradictory or supplementary terms and conditions of yours shall become part of the contract only if expressly accepted in writing by us. Our mere knowledge of your terms and conditions shall not make them part of the contract.
The version of the GTC which is current when the contract is concluded shall apply to that contract.
Our contact details are as follows:
Dr. Aiguader 5-7
Authorized representatives (managing director): Gil Padrol
2. Eligible customers, destinations and order quantities
2.1 You may place orders in our online shop only if you act as a consumer and not (for example) if you act as an entrepreneur, or in the course of an activity as a self-employed person.
We only accept orders which provide for delivery to the following countries: Germany, France (except Ile de La Réunion), Switzerland, Liechtenstein, Great Britain, The Netherlands, Belgium, Luxembourg, Austria, United States of America, Italy, Spain (except Canary Islands, Ceuta, Melilla).
3. Conclusion of contract and details regarding the ordering process
3.1 The presentation and promotion of items in our online shop does not constitute a binding offer for the sale of any item.
After ticking the ordering button all items selected by you will again be displayed in an order summary. You may then identify and correct input errors, if any, prior to making your final binding order. By ticking the button “BUY” you submit a legally binding offer.
A purchase contract is not concluded by the submission of your order. First you will receive from us a confirmation of receipt of your order by e-mail; this confirmation is also not a legally binding acceptance of your order. It’s Written reserves the right to not accept the order, for example, if the items ordered by you are subject to limited availability. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item or until conclusion is implied by delivery of the relevant item through It’s Written.
The contract can be concluded in English.
The contract terms will be stored by It’s Written after conclusion of the contract but will no longer be accessible to you.
4. Prices and shipping costs
4.1 The purchase prices of the products are as shown by the price tags in the online shop at the time of the order. Unless marked otherwise, all prices in our online shop are provided in euros and are gross prices including the applicable TAX . While we try hard to ensure that there are no pricing mistakes on our online shop, we will not be bound by mistakes in the price of any product (unless you have already purchased the relevant product at the incorrect price). Shipping costs will be added where appropriate and must be borne by you.
The shipping costs are stated in our online shop. The price including TAX and shipping costs (which will be displayed separately) is also shown on the order form before you submit the order.
If we fulfill your order in accordance with clause 6.2 of these GTC by partial delivery, you shall incur shipping costs only for the first partial delivery. If the partial delivery takes place at your request, we will charge separate shipping costs for every partial delivery.
5. Terms of payment and offsetting
5.1 Payments may only be made by advance payment, credit card (Visa) or by Paypal.
Payment shall be due immediately upon conclusion of the purchase contract. Your credit card/Paypal account will be charged at the time your order is accepted by It’s Written.
5.3 You may not offset counterclaims against our claims.
6. Delivery/partial deliveries
6.1 Delivery periods and delivery deadlines are provided in the course of the ordering process.
6.2 We are entitled to make partial deliveries.
7. Reservation of self-supply and retention of title
7.1 If (as a result of factors beyond our reasonable control) we cannot deliver an ordered item after conclusion of a contract with you or cannot do so in time, (notwithstanding that we entered into a purchase agreement with a supplier before we concluded the contract with you), we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.
The items delivered will remain our property until complete payment of the purchase price.
8. Right of cancellation/return policy
8.1 You have the right to cancel your contract for the purchase of an item within 14 days in writing (e. g. by e-mail) or – if you have received the item – by sending the item back. The time period commences upon your receipt of the goods (or on your receipt of this information notice, if later). Dispatch of the declaration of cancellation or of the item within the 14 day period suffices to observe the cancellation period. The declaration of cancellation has to be directed to:
Desistimiento por carta:
Doctor Aiguder 5-7 Escala 4 1er 3a
08003 Barcelona - España
Desistimiento mediante la devolución del producto:
Doctor Aiguader 5-7 Escala 4 1er 3ª
08003 Barcelona - España
Desistimiento por e-mail: email@example.com
Consequences of Cancellation
In the event of a valid cancellation, both parties must return the received goods, services or payments as well as any derived benefits (e.g. interest). If you are unable to return the services or goods received in whole or in part, or if you can only return them in a deteriorated condition, you shall be liable to pay us compensation accordingly.
Your obligation to pay compensation for deterioration or derived benefits shall only apply as far as the derived benefits or the deterioration of the item to be returned is caused by any use of the item which exceeds the proper examination of the item. The “proper examination of the item” shall mean an examination of the respective item as it is possible and common in a retail shop.
Returning wrong and faulty goods: We will not charge any fee for the use of the return shipping label where the return is made due to the delivery of wrong or defective goods.
9. Defects of quality and title/color variations/care of the delivered items
9.1 In the event of any defects of quality or title you are entitled to all rights pursuant to the provisions of statutory law.
Slight color variations between the colors of the items shown on the website and their actual colors may occur for technical reasons.
Please observe the washing and care instructions that are printed on the labels of the delivered items. We are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.
We are not liable to you (whether under contract, tort (including negligence) or otherwise) for:
i. losses that were not caused by our breach of these GTC;
ii. any loss or damage that was not, at the time our contract with you was formed, a reasonably foreseeable consequence of us breaching these GTC; or
iii.losses relating to any business of yours, loss of profits, loss of data, or loss of opportunity.
Nothing in these GTC is intended to exclude or limit our liability for: (i) death or personal injury; (ii) any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods an Service Act 1982; (iii) fraud; (iv) fraudulent misrepresentation; or (v) any liability that cannot be excluded or limited by law.
11. Customer Service/Support
If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, fax, telephone or e-mail using the contact details specified above in clause 1.4.
12. Applicable law
English law shall apply to our contract with you (with the exception of the United Nations Convention on Contracts for the International Sale of Goods) [and will apply to any disputes arising out of or relating to these GTC].
If you are habitually resident in a different country than the U.K., at the time of your order, the application of mandatory statutory provisions of that country shall remain unaffected by the applicable law stipulated in the previous sentence.
Version: 6 August 2013