Terms and Conditions
§ 1 Scope
(1) For all contracts between consumers or entrepreneurs (hereinafter jointly referred to as the Customer) and Blutsgeschwister GmbH relating to the online shop https://www.blutsgeschwister.de, the following terms and conditions shall apply exclusively in the version valid at the time of the order. The contractual partner is Blutsgeschwister GmbH, Managing Directors Karin Ziegler and Stephan Künz, Kreuzbergstrasse 28, D-10965 Berlin, Commercial Register Court: Berlin Charlottenburg District Court, HRB 173454 B (hereinafter referred to as Blutsgeschwister). Any deviating, conflicting or supplementary terms and conditions shall only become part of the contract if their validity has been expressly agreed in writing. Individual contractual agreements take precedence over these GTCs.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity (§ 13 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding the legal transaction, is doing so as part of their commercial or self-employed professional activity (§ 14 BGB).
(3) Amendments to these terms and conditions, including this confirmation clause, as well as the agreement of delivery dates and deadlines, which can be binding or non-binding, require written confirmation by Blutsgeschwister.
§ 2 Offers, conclusion of contract, obligation to perform and deliver
(1) The offers of the Blutsgeschwister online shop in the Internet represent a non-binding invitation to the Customer to order goods in the online shop. Due to the technical limitations to how they can be displayed, the ordered goods may deviate slightly, within reason, from the goods presented on the Internet. In particular, there may be deviations in colour, insofar as this can be considered reasonable. Orders are only binding when they are expressly confirmed or when they are fulfilled by the delivery of the goods.
(2) By clicking the “Buy now” button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We may accept your order by e-mail by (i) sending you a shipping confirmation or (ii) sending you a request for payment or (iii) delivering the goods within five days.
(3) We will save the contract text and send you the order details by e-mail. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by Blutsgeschwister can be received at that address. In particular, if you use SPAM filters, you must ensure that all e-mails sent by Blutsgeschwister or by third parties commissioned by Blutsgeschwister to process your order can be delivered. You can view the GTCs at any time. You can view previous orders in your customer account. The order confirmation does not yet constitute a binding acceptance of the order, unless this is expressly declared by Blutsgeschwister. The subject of the contract is the goods ordered by you as the Customer. Concerning the quality of the goods, § 434 BGB applies.
(4) Blutsgeschwister shall ensure that the quantities indicated correspond to the actual stock held. In exceptional circumstances over which we have no control (e.g. products being out of stock/on sale), deviations may occur. In such exceptional cases, the following shall apply:
(a) If, during the processing of an order, Blutsgeschwister determines that it is not possible to deliver the goods, Blutsgeschwister is entitled to withdraw from the contract. Blutsgeschwister will inform the Customer of this immediately and also immediately refund any payments already received.
(b) The same applies if, due to force majeure or other events, delivery is significantly delayed, made more difficult or becomes impossible and Blutsgeschwister is not responsible for this. Such events particularly include the following: fire, flooding, industrial action, operational disruptions, strikes and official orders that cannot be deemed part of the operational risk of Blutsgeschwister. In the aforementioned cases, the Customer will be informed immediately of the inability to deliver and notified of a new – expected – delivery deadline. Should the new delivery period prove unacceptable to the Customer or if the goods are not only temporarily unavailable within the new delivery period, both the Customer and Blutsgeschwister may withdraw from the purchase contract. Blutsgeschwister will reimburse the Customer immediately for any payments already made. The statutory rights of both contracting parties shall remain unaffected. The Customer’s right of withdrawal and statutory warranty rights shall also remain unaffected by the above provisions.
(5) In the case of consumers, the risk of accidental loss or accidental deterioration of the purchased goods shall not pass to the consumer until the handover of the goods, even in the event of a sale by delivery to a place other than the place of fulfilment.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, even in the event of a sale by delivery to a place other than the place of fulfilment upon delivery of the goods to the forwarding agent, carrier or individual or institution otherwise designated to carry out the shipment.
(6) If there is a delay on the part of the Customer in accepting the goods, the transfer will still be deemed to have taken place.
(7) Blutsgeschwister delivers exclusively to the countries specified in the customer information as per the delivery times and shipping costs thus indicated. If the start or end of the delivery period falls on a Saturday, Sunday or public holiday, the start or end of the period shall be postponed to the following business day.
(8) Partial deliveries are permissible unless the Customer has no apparent interest in them or were it is clearly unreasonable to expect the Customer to accept them. In the event of partial deliveries, packaging and shipping costs are only charged once.
§ 3 Prices and terms of payment, retention of title
(1) The list prices shown on the website at the time of the order shall apply.
(2) The prices are ex works from the Blutsgeschwister headquarters and include VAT and exclude costs for packaging and shipping.
(3) The shipping costs (packaging and shipping) are € 2.95 for deliveries within Germany and € 7.95 for all other applicable countries. German and international members of our VIB Club do not incur shipping costs.
(4) The minimum order value is €10 for orders placed in Germany and €29 for orders from all other applicable countries.
(5) Customers from Germany can choose to pay by invoice (invoice payment) and/or – as far as offered – in instalments via payolution GmbH (payolution/Unzer) or by Klarna invoice (see paragraphs 7 and 8 below), credit card, PayPal or Sofortüberweisung. Customers from Austria can choose to pay by invoice and/or in instalments via payolution GmbH (payolution/Unzer) or by Klarna invoice (see paragraphs 7 and 8 below), PayPal, credit card, or online bank transfer (Sofortüberweisung/EPS). Customers from all other applicable countries can choose between paying via PayPal or a credit card. When paying by credit card, PayPal or Sofortüberweisung, your account will be debited at the time the order is completed, but never before you click on the “Buy now” button.
(a) PayPal / Sofortüberweisung
When using these payment methods, the bank account or PayPal account will be debited once the Customer has placed the order. To make the payment, the Customer will be transferred to the website of the payment method provider immediately after placing the order and approves the transaction there; the Customer will then be redirected to the Blutsgeschwister online store.
PayPal is an online payment service free of charge to the Customer, with which the Customer can pay securely, easily and quickly. The Customer’s bank or credit card details are only stored by PayPal, which is why these do not need to be sent via Internet again for every online purchase. All it takes for the Customer to make a payment is two clicks of the mouse, because the Customer accesses their bank or credit card details via PayPal instead of entering them again for each purchase. For additional information on PayPal, please visit www.paypal.de.
When opting to use PayPal as a payment method, the Customer will be automatically redirected to the PayPal homepage after placing their order (i.e. after clicking the “Buy now” button). If the Customer already has a PayPal account, the Customer logs into PayPal using their e-mail address and password and confirms payment of the purchase price to Blutsgeschwister. If the Customer does not yet have a PayPal account, they can create one in just a few steps. After confirmation of the payment order, the purchase price will be credited to the Blutsgeschwister PayPal account immediately.
(bb) PayPal Express
To execute the payment, the Customer is already transferred to the website of the payment-method provider before placing the order, and approves the transaction so that the order can be completed. From there, the Customer is then transferred back to the Blutsgeschwister online store, where the Customer can complete the order.
(b) Credit-card payments
To pay by credit card, the cardholder and the person ordering the goods must be identical. For payment, the Customer needs the 16-digit credit-card number, the 3-digit security code (i.e. the last 3 digits on the signature field on the back) and the expiration date. The transfer of the account and credit-card data takes place via a 128-bit encrypted SSL connection.
To increase security when paying by credit card, Blutsgeschwister uses the “3-D Secure” security standard. With VISA, this procedure is called “Verified by VISA”; with MasterCard, “MasterCard Identity Check”; and with AMERICAN EXPRESS, “SafeKey”.
The basic functionality of “3-D Secure” is as follows:
once the Customer has entered their credit-card number, a connection is established to the card issuer in order for the buyer to confirm their identity via a code (two-factor authentication). After correct authentication, the credit card payment is made. Authentication can be static or dynamic.
Other factors such as biometric procedures (fingerprint, facial recognition) or a personal PIN are additionally required for approval.
Where “Sofortüberweisung” is available as a payment option and chosen as the payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “SOFORT”). Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). In order to pay the amount due via “SOFORT”, you must hold an online banking account approved for participation with “SOFORT”, log in accordingly during the payment process and confirm the payment order to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and your bank account debited. You can find more information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.
(6) Purchase by invoice and – as far as offered – in instalments via payolution GmbH (payolution/Unzer)
(a) We offer our customers based in Germany and Austria the option of paying by invoice and/or – as far as offered – in instalments via payolution GmbH (payolution/Unzer), Stiege 1 / 5. Stock, Columbusplatz 7-8, 1100 Vienna, Austria. With this service, you can purchase our goods via our online shop and only need to pay for them after receiving the goods and the invoice; alternatively, you can conveniently pay in instalments.
The purchase contact for the goods is made exclusively between you and us. The processing of the purchase contract will also be performed in accordance with the agreements you make with us. In particular, we remain responsible for general customer enquiries (e.g. regarding goods, delivery times, shipment), returns, complaints, warranty claims, any contract withdrawals and credits. I you opt for payment by invoice or in instalments, the following conditions apply accordingly.
Payment by invoice or in instalments via payolution GmbH is only available to consumers aged 18 and over. For both payment methods, an assignment of accounts receivable is made to Bank Frick & Co AG, Landstraße 14, 9496 Balzers, Liechtenstein (hereinafter referred to as the “Bank”). You are hereby informed of this assignment of accounts receivable. In order to discharge the debt, all payments must be made to the Bank using the account details provided to you for this purpose. The goods remain the property of the Bank until payment is made in full.
(b) Payment modalities and interest rates for purchase by instalment – as far as offered
When paying by instalment via payolution GmbH, our data-entry interface or another suitable electronic medium will be used to provide you with information – which you can subsequently store and/or save – about all the fundamental contractual terms pursuant to the obligation to provide pre-contractual information as set out in Directive 2008/48/EC on credit agreements. This information will also be provided to you in a storable form either electronically or in writing after the contract has been concluded and no later than the shipment of the goods.
Insofar as you withdraw from the purchase contract due to your special agreement with us or due legal regulations, you return the good, claim for a price reduction or have any other reason not make your payment in full or in part, the Bank will then transfer its assignment from you back to us. You must then come to a final agreement with us regarding the payment, or reverse the transaction via us.
(c) Cancellation and early repayment for purchase by instalment – as far as offered
You can cancel a formalised agreement for payment in instalments ahead of schedule by making an early repayment: you have the right to repay the credited amount in part or in full at any time before the expiry of the agreed period. The amount of interest you have to repay will be reduced in accordance with the reduction in the sum owed and thus the reduction in the term of the contract; costs that depend on the contract term will be reduced proportionally.
(d) Important information: The consequences of missed payments
For payments by invoice or in instalments, late payments will incur default interest at the agreed rate as well as costs for appropriate late-payment notices. In the event of unsuccessful internal late-payment notices, the Bank can commission a debt-collection agency to reclaim the owed payments. In this case, you may incur costs for legal proceedings undertaken by debt-collection agencies and potentially for legal representation.
For payment in instalments – as far as offered –, we hereby inform you that in the event of non-payment of the scheduled instalments, the Bank to whom we assigned the task of claiming the purchase price has the right to cancel the instalment-payment contract ahead of schedule following written reminders and a final extension, and that the outstanding sum will then immediately become due in full.
(7) Klarna invoice
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we provide the option to pay via Klarna invoice. In each instance, payment is made to Klarna:
(a) Information for our customers in Germany:
The payment is due within 14 days from the shipment of the goods. Our German customers can find the full invoicing terms and conditions here.
(b) Information for our customers in Austria:
The payment is due within 14 days from the shipment of the goods. Our Austrian customers can find the full invoicing terms and conditions here.
(8) The delivered goods shall remain our property until payment has been made in full (retention of title pursuant to §§158, 449 BGB). The Customer must inform us immediately of any compulsory enforcement measures by third parties against the goods subject to retention of title and hand over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the Customer must inform the third parties in advance of the existing rights to the goods.
(9) Debiting the Customer’s account
In principle, your customer account will be debited after successfully placing an order.
§ 4 Contractual exclusion of set-off and rights of retention
(1) The Customer is not entitled to offset their own claims against Blutsgeschwister’s claims for payment unless the Customer’s claims are undisputed or have been legally established.
(2) The Customer is not entitled to counter claims for payment by Blutsgeschwister with rights of retention – including those arising from notices of defects – unless they result from the same contractual relationship.
5 Liability for faulty goods (warranty)
(1) The warranty for defects in purchased goods shall be governed by the statutory provisions, which are modified by §§ 5 and 6 of these GTCs. This shall apply irrespective of the Customer’s statutory right of revocation pursuant to § 9 and the return option pursuant to § 10. Blutsgeschwister shall only be liable for damages in accordance with § 6.
(2) Ordered goods may differ slightly in colour from the goods depicted on the Internet. We refer you to § 2 para. 1 sentence 2 of these GTCs.
(3) Consumers have the choice of whether to demand subsequent performance by rectification or replacement delivery; § 475 para. 5 BGB remains unaffected. Blutsgeschwister is entitled to refuse the type of subsequent fulfilment chosen or to refuse subsequent fulfilment completely if this is only possible at a disproportionate cost and the other type of subsequent fulfilment does not result in significant disadvantages for the consumer. In the case of entrepreneurs, Blutsgeschwister shall initially provide a warranty for defective goods by rectifying the defect or supplying a replacement at its discretion. The Customer is entitled to the further secondary rights set out in the warranty under the statutory conditions in accordance with the following paragraph 4.
(4) If the subsequent rectification fails, the Customer may in principle demand a reduction in the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the Customer may demand compensation for damages instead of performance. In the event of only insignificant defects, the Customer – taking into account the interests of both parties – shall not be entitled to withdraw from the contract. Instead of compensation for damages in lieu of rectification, the Customer may demand reimbursement of futile expenses within the scope of § 284 BGB, which the Customer incurred and could reasonably be expected to incur in reliance on the receipt of the goods. If the Customer chooses compensation for damages instead of performance, the limitations of liability pursuant to § 6 para. 1 of these GTCs shall apply.
(5) Entrepreneurs must notify Blutsgeschwister of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply.
(6) If the Customer is an entrepreneur, only the product description provided by Blutsgeschwister shall be deemed valid regarding the quality of the goods. Public statements, promotion or advertising by Blutsgeschwister do not constitute a contractual quality of the goods.
(7) The limitation period for consumers is 2 years from delivery of the goods. If a defect has become apparent to the consumer within the limitation period, the limitation period shall not begin before the expiry of 4 months after the time when the defect first became apparent. If the consumer has handed over the goods to Blutsgeschwister or to a third party at the latter’s instigation for the purpose of subsequent performance, the limitation period for claims based on the asserted defect shall not commence before the expiry of 2 months after the date on which the rectified or replaced goods were handed over to the consumer.
(8) The limitation period for entrepreneurs is 1 year from delivery. Notwithstanding the foregoing, the statutory provisions shall apply in the following cases: if Blutsgeschwister can be accused of gross negligence, if Blutsgeschwister has fraudulently concealed a defect, in the event of bodily injury or damage to health attributable to Blutsgeschwister and in the event of loss of life of the entrepreneur, in the event of a guarantee as well as in the event of delivery recourse pursuant to § 478 BGB. Blutsgeschwister’s liability under the German Product Liability Act remains unaffected.
(9) The Customer will not receive any guarantees in the legal sense from Blutsgeschwister.
(10) If transport damage to the goods is detected, we ask the recipient to immediately report the damage to the carrier (shipping service). Other recognisable transport damage must be reported to us in writing within 5 days of receipt of the goods. However, failure to give this notice has no consequences for your legal claims. In all other respects, the statutory provisions shall apply.
(11) We shall not be liable for defects that have arisen as a result of incorrect handling, normal wear and tear or third-party influence. In the event of repairs to the goods carried out by the Customer or by third parties without our written consent, the warranty claim against us shall be deemed invalid.
§ 6 Limitation of liability
(1) If the Customer is an entrepreneur, their claims against Blutsgeschwister for damages are excluded in the case of slightly negligent breach of duty. In the case of slightly negligent breaches of duty towards consumers, the liability of Blutsgeschwister is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by Blutsgeschwister’s legal representatives or vicarious agents. Blutsgeschwister shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, Blutsgeschwister is liable for the violation of essential contractual legal positions of the Customer. Legal positions essential to the contract are those which the contract must grant to the Customer according to the content and purpose of the contract. Furthermore, Blutsgeschwister is liable for the breach of obligations whose fulfilment is essential to the proper execution of the contract and on the observance of which the Customer may rely.
(2) The above limitations of liability do not affect claims by the Customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations and in the event of bodily injury or damage to health attributable to Blutsgeschwister or in the event of loss of life of the Customer.
(3) Blutsgeschwister is only liable for its own content on the website of its online store. Insofar as links provide access to other websites, Blutsgeschwister is not responsible for the third-party content contained therein. Blutsgeschwister does not adopt third-party content as its own. Where Blutsgeschwister becomes aware of illegal content on external websites, Blutsgeschwister will immediately block access to these sites.
§ 7 Communications
(1) Insofar as the contracting parties communicate by electronic mail (e-mail), they acknowledge the unrestricted validity of the declarations of intent transmitted by this means in accordance with the following provisions.
(2) In the e-mail, the usual information must not be suppressed or circumvented by anonymisation; i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a statement of the sender’s name as the conclusion of the message. Subject to proof to the contrary, an e-mail received under this provision shall be deemed to have come from the other party.
(3) Confidentiality is not guaranteed for unencrypted data transmitted over the Internet.
§ 8 Cost-bearing agreement
If the Customer makes use of their right of withdrawal described in § 9 below, the return shipment is free of charge for orders placed from Germany and Austria. For orders from all other countries, the Customer shall bear the costs for the return shipment to our logistics centre in Schwaig bei München/Germany.
§ 10 Returns / exchanges
(1) In addition to the statutory right of withdrawal in accordance with § 9 of these GTCs, you have the option of returning the goods in question to us free of charge within 30 days together with the return label and return slip enclosed with the delivery and, if you wish, to exchange them free of charge. Returns from outside Germany and Austria must be prepaid at your own expense.
Returns must be sent to:
Blutsgeschwister Retail Warehouse
c/o Group7 AG
85445 Schwaig (Oberding)
Please register your return or your desired exchange via our returns portal. You will find the login information in the top right-hand corner of your return slip.
We will send you the same item in a different size free of charge and without additional payment. You can specify your exchange preferences in the returns portal, directly under the respective item.
Your reserved exchange item will leave our warehouses as soon as your return has been received.
Unfortunately, exchanges are not possible when purchasing on account.
(3) Refunding returned articles
We will refund you the payment via the payment method you used. The refund will be issued as soon as your return has been received. In the case of a full return, we will also refund the postage and any payment fees incurred.
§ 11 General provisions
(1) The contracting parties agree with regard to all legal relations arising from this contractual relationship, both present as well as future after fulfilment of the contract, that German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. By placing an order, the General Terms and Conditions of Blutsgeschwister are deemed to be accepted.
(2) The place of fulfilment for all mutual services arising from the contract shall be the registered office of Blutsgeschwister.
(3) The place of jurisdiction shall be a competent court at the place of fulfilment only if the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.
(4) Should individual provisions of these GTCs be or become void, the remaining provisions shall remain valid.
(5) The contractual language is German.
§ 12 Linked content
The content, form, technical circumstances and data protection of information accessible through links to external websites are the sole responsibility of the respective authors responsible for these pages.
Blutsgeschwister hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. Blutsgeschwister has no influence on the current and future design, content or authorship of the linked pages. Therefore, the company hereby expressly distances itself from any content contained on all linked pages that was changed after the link was added. This statement applies to all links and references found on our website.
§ 13 Copyright and trademark law
(1) Blutsgeschwister endeavours to observe the copyrights of the images, graphics, sound files, video sequences and texts used in all publications, to use images, graphics, sound files, video sequences and texts created by Blutsgeschwister or to make use of licence-free graphics, sound files, video sequences and texts.
(2) All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark laws and the ownership rights of the respective registered owners. The mere mention of a trademark does not mean that it is not protected by the rights of third parties!
(3) The copyright for published content created by Blutsgeschwister itself or on its behalf remains solely with the author of the pages. Any duplication or use of content such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the approval of Blutsgeschwister.
$ 14 Data Protection (Privacy)
Our declaration of privacy may be read online here.
Online dispute resolution in accordance with German law (art. 14 Abs. 1 ODR-VO)
The European Commission provides an online platform for the purposes of settling online disputes that you can find under: http://ec.europa.eu/consumers/odr/
Dispute resolution proceedings before consumer arbitration boards
Notice pursuant to section 36 of the German Consumer Dispute Resolution Act (VSBG): We will not participate in dispute resolution proceedings before a consumer arbitration board.
General terms and conditions for the participation in promotional competitions and prize games of Blutsgeschwister GmbH (Ltd.)
Participation in promotional competitions and prize games of Blutsgeschwister, and the implementation of these events, is subject to the following conditions.
(1) These general terms and conditions (hereinafter referred to as “GTCs”) apply for the participation in promotional competitions and prize games of Blutsgeschwister GmbH (hereinafter referred to as “Blutsgeschwister”).
(2) By participating in any promotional competition or prize game, the participant accepts the GTCs.
(4) Messages to Blutsgeschwister should be sent to the following address: Blutsgeschwister GmbH, Kreuzbergstrasse 28, 10965 Berlin, GERMANY or via e-mail to: email@example.com
2. Promotional competitions; prize games
(1) The promotional competitions and prize games offered by Blutsgeschwister are carried out by us or in cooperation with various partners (sponsors and/or advertising partners or event partners) (hereinafter referred to as “cooperation partners”).
(2) Insofar as these cooperation partners provide the prizes for promotional competitions or prize games (prize sponsor), Blutsgeschwister represents those partners during the execution of the promotional competition or prize game and pledges the prizes provided by them in their name alone. This does not obligate Blutsgeschwister to provide a service of our own.
3. Participation; Exclusion the promotional competition or prize game
(1) Participation is open to persons aged 18 or above. Younger persons must obtain the permission of their legal guardian before participating.
In order to participate in a promotional competition or prize game, it is essential that all personal information is true.
(2) Legal representatives and employees of Blutsgeschwister and the cooperation partners participating in the promotional competition / prize game as well as their relatives are excluded from participating, as are organised competition websites, clubs or the like and their members.
(3) Multiple entries (manual or automated) lead to exclusion from the prize draw / prize game.
(4) Blutsgeschwister has the right to disqualify participants and to exclude them from any future participation in promotional competitions and prize games if they violate the terms of participation or in any way disrupt the implementation of the promotional competition / prize game, and/or manipulate or try to manipulate the technical procedures, and/or try or succeed to influence the outcome of the prize draw. In such cases, winnings can subsequently be denied and reclaimed.
(5) Participation in a promotional competition or prize game and the winning chances or obtainment of a prize do not depend on the purchase of goods or the claiming of services provided by Blutsgeschwister against or without payment, or on the consent of the participant to receive information about products and offers from Blutsgeschwister.
4. Implementation and execution
(1) The implementation of the promotional competition or prize game and the selection of the prizes are the responsibility of Blutsgeschwister and/or our co-operation partners.
(2) Blutsgeschwister and our cooperation partners are responsible for deciding the conditions for delivery of the winnings / prizes. Should the handover of the prize prove impossible or not possible under reasonable conditions, the winner will receive a substitute of the same value.
(3) The winners will be personally notified of their win by Blutsgeschwister or the respective cooperation partner via e-mail (or by post), and/or their names published on the websites of Blutsgeschwister or the cooperation partner. Participants expressly consent to this form of publication. Blutsgeschwister is entitled to supply the cooperation partner with the personal data of the winner in order to make it possible to deliver the winnings / prize.
(4) Each participant may only win one prize in each competition. If more than one participant finds the correct solution, the winner will be determined by a draw. In the case of prize games, Blutsgeschwister will decide the winner.
(5) Cash prizes will be provided to the winner in the form of a crossed check. Once the cheque has been delivered, Blutsgeschwister will be released from the obligation to perform. Should payment be made impossible by reasons beyond the control of Blutsgeschwister, the prize is forfeited. In such instances, no claims can be made against Blutsgeschwister.
(6) In the case of holiday / travel prizes, notification, organisation and execution will be performed either by Blutsgeschwister or the cooperation partner / travel agency. The travel must be undertaken within the set dates. If this is not adhered to, the prize becomes forfeit. On confirmation of the journey by the prize-winner, the tour operator’s conditions of travel apply. The prize-winner will bear the cost of travel to and from the point of departure (airport, railway station, etc.) They will also bear any private expenses (e.g. minibar, telephone, etc.) incurred during the journey.
(7) No cash pay-out of the winnings / prizes is offered. The entitlement to winnings / prizes cannot be transferred to other persons.
(8) Complaints must be submitted to Blutsgeschwister in writing, stating the name of the relevant promotional competition / prize game, within 14 days of the prize-winner’s becoming aware of the grounds for the complaint. Telephone complaints or belated complaints cannot be processed.
5. Premature termination of the promotional competition or prize game
Blutsgeschwister reserves the right to abort or terminate the promotional competition or prize game at any time without prior notice. We will invoke this right, in particular, in cases where it is no longer possible to guarantee correct competition or game procedures for either legal or technical reasons (e.g. manipulations or defects in the hardware or software). Should a participant be responsible for the circumstances resulting in premature termination of a competition, Blutsgeschwister reserves the right to file claims for compensation against that person.
(1) Our declaration of privacy may be read online here.
(2) Insofar as the participant provides no additional consent to the processing and use of any data provided within the participation in the promotional competition or prize game, Blutsgeschwister will use such data exclusively for the execution of the promotional competition or prize game and the determining of the winner by saving, processing and using such data electronically in machine-readable form. Blutsgeschwister will save this data only as long as necessary and as permitted per law.
(3) When Blutsgeschwister collects, processes and uses the personal data of the participant, Blutsgeschwister will do so in accordance with applicable data protection legislation. The participant can withdraw their consent to the collection and storage of their information at any time by sending an e-mail to firstname.lastname@example.org (the same address as in §1 (4)). With the deletion of such data, the participation in the prize draw is no longer possible.
(1) Blutsgeschwister is released from all obligations with the hand-over of the prize or winnings.
We are not liable for defects in title or defects in quality.
(2) Claims related to the winnings / prizes received must be directly addressed to Blutsgeschwister or to the cooperation partners who distribute said winnings / prizes.
(3) No liability is assumed for the disclosure of the winners.
(4) Blutsgeschwister is not liable for damages that originate from mistakes, delays or interruptions in transmission, from faults with technical systems and services, incorrect contents, loss or deletion of data, viruses or from any other causes that may be connected to the participation in promotional competitions or prize games, with the exception of damages caused deliberately or with gross negligence by Blutsgeschwister (our institutions, employees or legal agents).
(5) Liability for persons excluded by § 3 does not apply.
(1) There is no right to legal appeal.
(2) These terms of participation and the complete legal relationship between the participants and Blutsgeschwister is governed solely by the law of the Federal Republic of Germany.
(3) Should individual provisions of these terms of participation become invalid or are presently invalid, the validity of the remaining terms of participation remains unaffected.
(4) These terms of participation can be amended by Blutsgeschwister at any time without separate notification.
The European Commission provides a platform for online dispute resolution (ODR), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform for resolving their disputes.
Dispute resolution proceedings before consumer arbitration boards
Notice pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG): we will not participate in dispute resolution proceedings before a consumer arbitration board.