Blutsgeschwister Onlineshop
Terms and Conditions
§ 1 Scope
(1) For all contracts between consumers and entrepreneurs (hereinafter jointly: the customer) and Blutsgeschwister GmbH concerning the online shop http://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, 10965 Berlin, Register Court: Berlin Charlottenburg Local Court, HRB 173454 B (hereinafter: Blutsgeschwister). 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 GTC.
(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). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or self-employed professional activity (§ 14 of the German Civil Code).
(3) Amendments to these terms and conditions, including this confirmation clause, as well as the agreement of delivery dates or deadlines, which may be binding or non-binding, require written confirmation by Blutsgeschwister.
§ 2 Proposals, conclusion of contract, obligation to perform and deliver
(1) The offers of the Blutsgeschwister online shop on the Internet represent a non-binding invitation to the customer to order goods in the online shop. Due to the technical possibilities of presentation, the ordered goods may deviate slightly, within reason, from the goods shown on the Internet, in particular, there may be deviations in colour, insofar as this is to be considered reasonable. Orders are only binding if they are expressly confirmed or if 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 basket. 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 email by (i) sending you a dispatch 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 data by email. You must ensure that the email address you provide for order processing is correct so that emails sent by Blutsgeschwister can be received at that address. In particular, if you use SPAM filters, you must ensure that all emails sent by Blutsgeschwister or by third parties commissioned by Blutsgeschwister to process your order can be delivered. You can view the GTC at any time. You can view past orders in your customer account. The order confirmation does not 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. With regard to the quality, § 434 of the German Civil Code applies.
(4) Blutsgeschwister shall ensure that the quantities stated correspond to the actual stock. In exceptional cases over which we have no control (e.g. products being out of stock/on sale), deviations may occur. In these exceptional cases:
(a) If, during the processing of an order, Blutsgeschwister determines that delivery of the goods is not possible, Blutsgeschwister is entitled to withdraw from the contract. Blutsgeschwister will immediately inform the customer of this and 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 include in particular: fire, flood, industrial dispute, operational disruptions, strikes and official orders that are not attributable to the operational risk of Blutsgeschwister. In the aforementioned cases, the customer will be informed immediately of the lack of the ability to deliver and notified of a new – expected – delivery deadline. If the new delivery period proves to be 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 immediately reimburse the customer for any payments already made. The statutory rights of both contracting parties shall remain unaffected. The customer's right of withdrawal and the customer's 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 goods shall not pass to the consumer before handing over 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, the transfer will still be deemed to have taken place.
(7) Blutsgeschwister delivers exclusively to the countries specified in the customer information (link!) 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 discernible interest in them or they are clearly unreasonable for the customer. Packaging and shipping costs are only charged once in this case.
§ 3 Prices and terms of payment, retention of title
(1) The list prices at the time of the order as shown on the website shall apply.
(2) The prices are set by Blutsgeschwister 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. There are no shipping costs for deliveries to the German and international members of our VIB Club.
(4) The minimum order value is €10 for orders from Germany and €29 for orders from all other applicable countries.
(5) Customers from Germany can choose to pay by Klarna invoice (see paragraph 7 below), credit card, PayPal or Sofortüberweisung. Customers from Austria can choose between the following payment options: Klarna invoice (see paragraph 7 below), PayPal, credit card or online bank transfer (Sofortüberweisung/EPS). Customers from all other applicable countries can choose between using PayPal or a credit card as payment options. If you choose to pay 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 or PayPal account will be debited after 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; afterwards, the customer will be redirected to the Blutsgeschwister online store.
(aa) PayPal
PayPal is an online payment service free of charge for the customer, with which the customer can pay securely, quickly and easily. The customer's bank or credit card details are only kept by PayPal, which is why they are not sent over the Internet again for every online purchase. It only takes the customer two easy clicks to make a payment. This is due to the fact that the customer accesses their bank or credit card details via PayPal instead of entering them again for each purchase. Further information on PayPal can be found at www.paypal.de.
If "PayPal" has been selected 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 is to log in there using their email address and password and confirm payment of the purchase price to Blutsgeschwister. If the customer does not yet have a PayPal account, one can be created 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 transferred to the website of the payment method provider, who approves the transaction in the event that the order is completed, before placing the order. From there, the customer is taken back to the Blutsgeschwister online store where the customer can complete the order.
(b) Credit card
To be able 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 account and credit card data takes place via a 128-bit encrypted SSL connection.
To strengthen security when paying by credit card, Blutsgeschwister uses the "3-D Secure" security standard. For VISA, this procedure is called "Verified by VISA", for MasterCard "MasterCard Identity Check" and for AMERICAN EXPRESS "SafeKey". Basic functionality of "3-D Secure":
After 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 corresponding code (two-factor authentication). After correct authentication, the credit card payment is executed. Authentication can be static or dynamic.
In addition, other factors such as biometric procedures (fingerprint, facial recognition) or a personal PIN are required for approval.
By selecting the payment method "Sofortüberweisung", the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). In order to be able to pay the amount due via "SOFORT", you must have an online banking account from a participating institution, log in accordingly during the payment process and confirm the payment instructions outlined by "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method online at https://www.klarna.com/sofort/.
(6) The delivered goods shall remain our property until payment has been made in full (retention of title pursuant to §§158, 449 of the German Civil Code). The customer must inform us immediately of any compulsory execution measures by third parties against the goods subject to retention of title, handing 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.
(7) Payment with Klarna. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
(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.
The use of the invoice payment method requires a positive credit check. In this regard, we forward data to Klarna as part of the purchase initiation and completion of the sale for the purposes of an address and credit check. You can find additional information and Klarna's terms of use here. You can access general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and according to the information in Klarna's data protection regulations.
(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.
The use of the invoice payment method requires a positive credit check. For this purpose, we forward data to Klarna as part of the purchase initiation and execution of the purchase agreement. You can find additional information and Klarna's terms of use here. You can access general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and according to the information in Klarna's data protection regulations.
(8) Debiting the customer's account
In principle, your customer account will be debited once an order has been successfully placed.
§ 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 found in purchased goods shall be governed by the statutory provisions, which are modified by §§ 5 and 6 of these GTC. 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 website. Reference is made to § 2 para. 1 sentence 2 of these GTC.
(3) Consumers have the choice of whether to demand subsequent performance by rectification or replacement delivery; § 475 para. 5 of the German Civil Code 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 remains without 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 of 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 of the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the customer may demand 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 damages in lieu of rectification, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code, 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 GTC 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 as regards 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 of the German Civil Code. 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. Blutsgeschwister, on the other hand, 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. Blutsgeschwister is also liable for the breach of obligations, the fulfilment of which is essential for 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 shop. 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. If 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 (email), they acknowledge the unrestricted validity of the declarations of intent transmitted by this means in accordance with the following provisions.
(2) In the email, the usual information must not be suppressed or circumvented by anonymisation; i.e. it must contain the name and email address of the sender, the time of sending (date and time) and a reproduction of the sender's name as the conclusion of the message. An email received under this provision shall, subject to proof to the contrary, be deemed to have come from the other party.
(3) Confidentiality is not guaranteed for unencrypted data transmitted over the Internet.
§ 8 Cost sharing agreement
If the customer makes use of their right of revocation 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 near Munich/Germany.
§ 9 Right of withdrawal
(1) Consumers are generally entitled to a right of withdrawal.
(2) Further information regarding the right of withdrawal can be found in our return policy.
§ 10 Returns / exchanges
In addition to the statutory right of withdrawal in accordance with § 9 of these GTC, 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
Eschenallee 8
Tor 53
85445 Schwaig (Oberding)
GERMANY
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.
Exchanges
We will be happy to send you the same item in a different colour and/or 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 once your return has been received.
Unfortunately, exchanges are not possible when purchasing on account.
Refunding returned articles
We will refund you the amount via the payment method you used. The refund will be issued as soon as your return has been collected. 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, 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 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 GTC 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 documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by Blutsgeschwister or to make use of licence-free graphics, sound documents, 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 law 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 objects created by Blutsgeschwister itself or on its behalf remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without Blutsgeschwister's approval.
$ 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 contests and prize competitions of Blutsgeschwister GmbH (Ltd.)
The participation in promotional contests and prize competitions of Blutsgeschwister, and the implementation of these events, is subject to the following conditions.
1. Scope
(1) These general terms and conditions (hereafter "GTC") apply for the participation in promotional contests and prize competitions of Blutsgeschwister Limited (hereafter "Blutsgeschwister").
(2) By participating in any contest or competition, the participant accepts our GTC.
(3) Communications may be sent to Blutsgeschwister by writing to the following address:
Blutsgeschwister GmbH, Kreuzbergstrasse 30, 10965 Berlin, Germany or by sending an e-mail to service@blutsgeschwister.de
2. Contest; Competition
(1) All contests and competitions offered by Blutsgeschwister are carried out by us or in co-operation with various partners (sponsors and/or advertising partners), hereafter referred to as "co-operation partner".
(2) Insofar as these co-operation partners provide the prizes for contests or competitions (prize sponsor), Blutsgeschwister represents those partners during the execution of the contest or competition and pledges the prizes provided by them in their name alone. Blutsgeschwister is not bound to provide a service of their own hereby.
3. Participation; Exclusion from contest or competition
(1) Participation is granted to persons older than 18 years. Younger persons must consult their legal representative and provide proof of their consent. In order to participate in the contest or competition, it is not absolutely neccessary that all personal information is true and correct.
(2) Legal representatives and employees of Blutsgeschwister and their co-operation partners, as well as their relatives and organised contest sites, clubs or the like (and their members), are not authorised to participate in the contest or competition.
(3) Multiple entries (manual or automated) lead to exclusion from the contest or competition.
(4) Blutsgeschwister has the right to disqualify participants and to exclude them from any future participation in the contest or competition if they violate the terms of participation or disrupt the order of the contest or competition, and/or manipulate or try to manipulate the technical procedures, and/or try or succeed to influence the outcome of the contest or competition. In such cases, winnings can subsequently be denied and reclaimed.
(5) Participation in a contest or competition and the winning chances or obtainment of a prize does 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 particpant to receive product information by Blutsgeschwister.
4. Implementation and execution
(1) The implementation of the contest or competition and the selection of the prizes are the responsibility of Blutsgeschwister and/or our co-operation partners.
(2) Blutsgeschwister and/or our co-operation partners are responsible for deciding the conditions for delivery of the prizes. Should the execution not be 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 and/or our co-operation partners via e-mail, and/or publish their names on the websites of Blutsgeschwister and/or their co-operation partners. Participants expressly declare their approval of this procedure. We are entitled to supply to our co-operation partners those personal data on the prize-winners required for delivery of the prizes.
(4) Each participant may only win one prize in each contest. If more than one participant finds the correct solution, the lot will decide. In the case of prize competitions, Blutsgeschwister will decide the winner.
(5) If the participant wins money, Blutsgeschwister will provide that money by means of sending the participant a crossed cheque. Once that cheque is 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. No claims can be made against Blutsgeschwister in such a case.
(6) In the case of holiday / journey prizes, notification, execution and organisation will be provided by either Blutsgeschwister or our co-operation partner, or a travel agency. The journey must be undertaken within the timeframe selected by us. Should this not be possible, no claim for compensation can be made. On confirmation of the journey by the prize-winner, the tour operator's standard conditions of contract apply. The prize-winner will bear the cost of travel to and from the point of departure (airport, railway station, etc.), and also any out-of-pocket expenses (e.g. minibar, telephone, etc.) incurred during the journey.
(7) The prize can not be paid in cash. Prizes can not be transferred to other persons.
(8) Complaints must be submitted to Blutsgeschwister in writing, stating the name of the relevant competition, within 14 days of the prize-winner's becoming aware of the grounds for the complaint. Telephone complaints or complaints made late will not be accepted.
5. Premature termination of the contest or competition
Blutsgeschwister reserves the right to abort or terminate competitions or contests 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 contest procedures for either legal or technical reasons (e.g. manipulations or defects in the hard- or software). Should it be discovered that a participant is responsible for the circumstances resulting in premature termination of a competition, Blutsgeschwister reserves the right to file claims for compensation against that person.
6. Privacy
(1) Our declaration of privacy may be read online here.
(2)Insofar as the participant provides no additional agreement to processing and use of any data provided within the participation in the contest or competition, Blutsgeschwister will use such data for the execution of the contest or competition and the determining of the winner only, by saving, processing and using such data electronically in machine-readable form. We will save this data only as long as neccessary and as permitted per law.
(3) When Blutsgeschwister collects, processes and uses personal data of the participant, we will do so in accordance with applicable laws. The participant can withdraw their content to the collection and storage of their information at any time by sending an e-mail to service@blutsgeschwister.de (postal address see §1 (4)). With the deletion of such data, the participation in a contest or competition is no longer possible.
7. Liability
(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 prizes received by winning participants must be directly addressed to Blutsgeschwister or to the co-operation partners who distribute said prizes.
(3) No guarantee is assumed for the disclosure of the winners.
(4) Blutsgeschwister is not liable for damages that originate from mistakes, delay or interruption of transmission, from disturbances of technical systems and services, untrue contents, loss or deletion of data, viruses or from any other malfunctions that may be connected to the participation in a contest or competition, with the exception of damages caused deliberatedly or with gross negligence by Blutsgeschwister (our insititutions, employees or legal agents).
(5) Liability for persons excluded by § 3 does not apply.
8. Miscellaneous
(1) There is no right to legal appeal.
(2) These terms and conditions and the complete legal relation between the participants and Blutsgeschwister is governed solely by the law of the Federal Republic of Germany.
(3) Should individual conditions of these conditions for participation become invalid or are presently invalid, the appliance of the remaining conditions for participation is unaffected.
(4) These terms and conditions may be altered by Blutsgeschwister at any time without separate notification.