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General Terms & Conditions for the Burlington Online Shop of FALKE KGaA

Introductory remark

The General Terms & Conditions set forth below govern your registration and orders placed in the online shop at www.burlington.de.

1. Scope of application

1.1 These General Terms & Conditions ("GT&C") govern the business relationship between us, FALKE KGaA, Oststrasse 5, 57392 Schmallenberg, Germany ("FALKE"), and you as a customer when you use the Burlington Online Shop.

1.2 The GT&C as amended at the time of order placement shall exclusively govern the business relationship between you and FALKE. Any terms and conditions that conflict with or deviate from the provisions outlined below shall not apply unless we expressly agree to their applicability in writing.

1.3 We sell our products exclusively to consumers, small businesses, associations and foundations, and only in household-typical quantities. You are a consumer as long as the purpose for ordered products and services is not predominantly associated with your commercial or self-employed activity. Your business counts as a small business if by virtue of its nature or size it does not require being organised according to principles of business administration (§ 1 para. 2 of the German Commercial Code (Handelsgesetzbuch)).

1.4 Contracts are concluded in English language.

1.5 We do not offer products for purchase by minors. If you are under 18 years of age, you may only utilise the shop with the permission of your parent or guardian.

2. Registration, customer account

2.1 You can register as a customer in the Burlington Online Shop and create a customer account. To do so, you must enter certain personal data. We retain this data to facilitate your future shopping experiences in the Burlington Online Shop, as your saved data is already on file the next time you wish to make a purchase. You also have to choose a password, which ensures that only you have access to your customer account. To complete the process of registering to open a customer account, at the end of the registration process click on the "my account" button. You use your access data to sign in to the Burlington Online Shop. A customer may only have one customer account open at a given time. We reserve the right to delete an account if the customer already has one. You can change your entered data or delete your customer account at any time. We have no obligation to accept a registration or an order placed by a registered customer. Furthermore, we have no obligation to continue operating the shop. Placed orders which have been confirmed will still be fulfilled.

2.2 You can also purchase merchandise via the Burlington Online Shop without a customer account. To purchase merchandise without a customer account, you must provide us with information including your name, postal address and delivery address, telephone number and e-mail address to enable us to process and fulfil the purchase contract.

2.3 You are responsible for providing complete and true information when entering your personal data (either when creating or changing a customer account or when entering your data for order contract processing and fulfilment). You are obliged to keep your personal access data confidential and inaccessible to unauthorised third parties.

3. Contract conclusion

3.1 You can select merchandise from the Burlington Online Shop product range and place it in a virtual shopping cart using the "buy me" button. The Burlington Online Shop is an online ordering catalogue of a non-binding nature, thus the displaying of merchandise there does not constitute a contractually binding offer.

3.2 By clicking on the "place order" button, you place a binding order for the merchandise in the shopping cart, which constitutes your offer to us. By clicking on that button, you accept these GT&C, which thereby apply as part of your order.

3.3 We will immediately provide you with e-mail confirmation of receipt of your order. This confirmation does not constitute binding acceptance of an order unless acceptance is declared therein as well as confirmation of receipt. A contract only goes into effect if we accept your order per a separate e-mail notification (delivery confirmation) or accept by virtue of delivering the ordered merchandise.

4. Delivery only within the EU and Switzerland; delivery and passing of risk

4.1 The following delivery restriction applies: We only deliver to customers who specify a delivery address in the European Union or Switzerland.

4.2 IWe will notify you promptly in the event the item you ordered is temporarily unavailable. You have the right to withdraw from the contract in case of a delivery delay of more than two weeks in duration. We are likewise entitled to withdraw from the contract under those circumstances. Payments made will be promptly refunded in such case.

4.3 We will notify you without delay in the event we are unable to meet a binding delivery deadline for reasons beyond our control (non-deliverability), stating the expected date of delivery. If the merchandise is not deliverable within the extended delivery period, we are entitled to withdraw from the contract, wholly or in part. Any payments you have already made will be promptly refunded. Merchandise shall in particular be deemed non-deliverable in case of delivery delays on the part of our suppliers, if we have made a congruent cover transaction, if neither we nor our supplier are at fault and/or if we have no procurement obligation in a given case. Our statutory rights of withdrawal and termination and statutory laws governing the handling of contracts without fulfilment obligation (such as if fulfilment or subsequent fulfilment is impossible or unreasonable) shall remain unaffected.

4.4 Risk of accidental loss or deterioration of the merchandise shall pass to you as customer no later than the point of handover.

5. Retention of title

5.1 Delivered merchandise remains our property (retained-title goods) until payment in full of the corresponding invoice amount. You as customer are obliged to treat retained-title goods with care for as long as we retain title.

5.2 In the event of any encumbrance of retained-title goods or any other such assertion of rights by third parties, you are required to advise those parties of our title and notify us immediately in writing to enable us to enforce our property rights. You are liable if the third party is unable to reimburse us for court costs and other legal expenses accruing in connection therewith..

6. Prices, shipping costs, payment, credit checks

6.1 All prices stated in the Burlington Online Shop include VAT at the applicable rate. The prices stated at the time of order placement shall apply.

6.2 Accruing shipping costs are displayed to you in connection with the presentation of our products and during the ordering process. Shipping costs may vary depending on your selected delivery address.

6.3 Various payment options are available depending on the invoicing address you specify (credit card, instant transfer, cash on delivery, etc.). The payment options available for you to choose from are displayed during the ordering process. You can change the saved payment method associated with your customer account at any time as long as that payment method is offered for your specified invoicing address.

6.4 Except as otherwise agreed, the purchase price for merchandise is due for payment immediately upon conclusion of a purchase contract. If utilising the 'cash on delivery' payment option, payment is due within 14 days of receipt of the invoice.

6.5 Please note that you will receive invoices in electronic form only.

6.6 Your payment data is transmitted to the respective payment service provider for the payment method you have selected. The financial service provider is responsible for your payment data. Please be advised that we carry out a credit check utilising statistical scoring methods before allowing you to utilise certain payment methods. We transmit your personal data to credit bureaus as necessary for them to perform the credit check, including name, date of birth and address. This data is utilised to calculate the statistical probability of default and make decisions based thereupon regarding conducting of the contractual relationship, including particularly the payment options made available to you.

7. Data processing advisories

7.1 Please refer to our data protection statement concerning the collection, processing and use of personal data and the credit scoring procedure (see point 6.6). This is accessible on our website at any time via the "Data protection" button and can be printed out.

7.2 If you have created a customer account, you can access, change and delete the data you have stored there at any time via the "my account" button.

8. Warranty, guarantees

8.1 Your rights in case of material defects and defects of title are as governed by statutory law.

8.2 An additional guarantee applies to merchandise we deliver only if and as expressly stated in the product description on a webpage of our Burlington Online Shop or in the order confirmation for the respective item.

9. Exclusion of liability

9.1 Except as otherwise specified in these GT&C, including the provisions below, our liability in case of any breach of contractual or extra-contractual obligations shall be as governed by statutory law.

9.2 We are liable for damages if culpable of wilful intent or gross negligence on any legal grounds. In case of ordinary negligence, we shall only be liable for:

a) damages in connection with loss of life or bodily injury/harm;

b) for damages resulting from breach of a primary contractual obligation (i.e. an obligation that must be fulfilled as a prerequisite for proper contract execution, on which the contracting parties may and do generally rely). In such cases our liability is limited however to the amount of damages typically foreseeable.

9.3 The liability limitations per item 9.2 shall not apply in case of malicious concealment of a defect on our part or to the extent we have guaranteed product characteristics. The same applies to claims accruing to you under the German Product Liability Act.

9.4 To the extent liability for damages is excluded or limited, this shall likewise apply to personal liability on the part of our employees, workers, company representatives and vicarious agents.

10. Copyright and industrial property rights

All image rights, copyrights and other industrial property rights to content found in the Burlington Online Shop (including text, illustrations, graphics, videos, music, trademarks, logos and other company marks) are owned either by us or by our partners. Use thereof is prohibited without express prior consent.

11. Assignment, set-off, rights of withholding

You are not authorised to assign a purchase agreement concluded with us or elements thereof to third parties without our written consent. These GT&C do not restrict your ability to set off amounts accruing to you through defect or other claims from a specific contract against our purchase price claim under that specific contract. However, you may only set off claims accruing to you under other contracts against our purchase price claim if your claims are undisputed or have been recognized by us or upheld in a legally final judgement. As buyer you may only exercise rights of withholding if your counterclaim arises from the same purchase contract.

12. Customer service

The Burlington Online Shop customer service department is available from:

Monday - Friday, 08:00 - 18:00
E-mail: online@Burlington.de
Postal address:

FALKE KGaA
Burlington Online Shop
Oststraße 3
57392 Schmallenberg
Germany

13. Saving and viewing the contract text

13.1 The GT&C for the Burlington Online Shop are available for viewing at www.burlington.de in the section "GT&C". You can print out or save this document via your browser. Additionally you can download this document as a PDF file for archiving by clicking here .

13.2 You can also archive your order data by retaining the automated order confirmation we send to your specified e-mail address upon conclusion of your order contract. This e-mail order confirmation states your order data and can easily be printed out or saved via your e-mail software/interface.

13.3 We will additionally provide you with a contract confirmation within a reasonable period of time after contract conclusion, at the latest upon delivery of the merchandise, which states the contract content in writing (e-mail, letter, etc.) which you can retain and file with your documentation. This clause does not affect any further legal obligations on our part to provide you with information.

13.4 We store your order data but you are unable to directly access it for security reasons. We offer customers password-protected direct access to their respective customer account ("Sign in"). Here you can view details regarding your completed, open and recently dispatched orders and manage your address data, any payment data and your newsletter options.

13.5 The text of each order contract is stored in compliance with data protection laws.

14. Contractual right of return

14.1 For all merchandise, we grant a contractual right of return for 14 days, in addition to the statutory rights of contract revocation.

14.2 This contractual right of return allows you to withdraw from the contract. To do so, return the merchandise to us within 14 days of receiving the merchandise, as follows:

(1) Generate a return slip at www.Burlington.de by clicking on the "returns" button which navigates you to the DHL Returns Portal. Here enter the order number and your name and address in the corresponding fields. The order number is stated on the delivery note included with your package. After entering the data, click on the "Next" button to generate a return slip. Alternatively, you can request a return slip from customer service by sending an e-mail to online@Burlington.de. You will then receive a return slip by e-mail.

(2) Print out the return slip and affix it to the package.

(3) Simply drop off the package at your nearest post office – postage is paid.

14.3 Sending off the return by the applicable deadline suffices. This contractual right of return is conditional upon you having handled the merchandise and packaging with care and returning the merchandise complete and undamaged in the original packaging. The contractual right of return is forfeited if you have damaged the merchandise. The return shipment is at our risk.

14.4 Statutory rights of contract revocation as consumer (see item 15) are independent of and are not affected by our terms regarding the contractual right of return.

15. Contract revocation advisory

A legally conforming advisory is given below of the statutory right of contract revocation that accrues to you as a consumer in a distance-selling transaction.

Contract revocation advisory

Right of revocation

You have the right to revoke this contract within 14 days without stating reasons. The revocation period is 14 days from the date on which you or a third party designated by you who is not the shipping/delivery provider have/has taken possession of the merchandise.

To exercise your right of revocation, you must inform us (FALKE KGaA, Burlington Online Shop, Oststrasse 3, 57392 Schmallenberg, Germany) of such exercise by way of an unambiguous declaration (via postal letter or e-mail, for example). You may utilise the attached sample revocation form for this purpose, although the form is not required.
To meet the revocation deadline, it suffices to send notification of exercise of the revocation right before elapse of the revocation deadline.

Consequences of revocation

If you revoke this contract, we are required to refund to you immediately, no later than 14 days from the date upon which we receive notification of your revocation of this contract, all payments we have received from you including delivery costs (with the exception of additional costs accruing through your choice of a delivery method other than the standard, low-cost delivery option we offer). In making such refunds we utilise the same payment mode that you used in the original transaction unless explicitly agreed with you otherwise; in no case will we charge fees for such refunding.

We may refuse refunding until we have received the returned merchandise or until you have provided proof of having returned the merchandise, whichever is earlier.

You must return merchandise promptly within 14 days of the date on which you inform us of contract revocation to this address:

FALKE KGaA
Burlington Online Shop
Auf der Lake 3
57392 Schmallenberg
Germany

either by delivery carrier or in person. The return deadline is deemed met if you send the merchandise off before elapse of the 14-day period. We bear the costs for returning the merchandise. You are only responsible for paying for any loss of merchandise value resulting from handling of the merchandise other than as necessary to inspect the characteristics, features and functions of the merchandise.


Sample revocation form

[Please complete and return this form if you wish to revoke the contract.]

To

FALKE KGaA
Burlington Online Shop
Auf der Lake 3
57392 Schmallenberg
Germany

I hereby revoke the contract I have concluded to purchase the following merchandise.

Ordered on:

Received on:

First name, surname:
Street address:
Postcode, city/town:

Date, signature


16. Online Dispute Resolution Platform

Advisory on the European Online Dispute Resolution Platform and utilising arbitration tribunals for consumer complaints: Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be utilised as an avenue for arbitrating disputes without having to go before a court. The European Commission is responsible for creating the platform. The European Online Dispute Resolution Platform can be found here: http://ec.europa.eu/odr. We are not obliged to pursue dispute settlement in proceedings before a consumer arbitration tribunal and do not do so.

17. Final provisions

These GT&C and all legal and contractual relations between us and you shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods is disapplied.

Version: August 2017

DATA PROTECTION STATEMENT of FALKE KGaA

We respect the privacy of each person who visits our Burlington Online Shop. It is important to us that your personal data are safeguarded. Therefore we would like to inform you of the data we collect during your visit to our website and how the information is used.

1. Object of the data protection statement

This data protection statement applies to the collection, processing and use (together hereinafter "use") of your personal data when visiting our website, using our Online Shop and the associated supplementary offers (e.g. newsletters). Personal data (hereinafter "data") are all individual details concerning personal or objective circumstances of a particular or identifiable individual, e.g. name, address, email address, date of birth, bank details.

2. Providers of services

The party offering its services as defined in Section 13 of the German Telemedia Act (Telemediengesetz) and responsible as defined in Section 3(7) of the German Data Protection Act (Bundesdatenschutzgesetz) is FALKE KGaA, Oststraße 5, 57392 Schmallenberg, Germany. You will find more details on our Imprint.

Regarding questions concerning this data protection statement, you can contact us by email at datenschutz@falke.com.

3. Use of our internet content for information purposes

For use purely as an information source, i.e. in cases when you do not wish to send us any information and are not logging on to our Burlington Online Shop, we only collect the data that your internet browser automatically passes on. The data comprise:

  • date and time of accessing our website
  • time zone difference from Greenwich Mean Time (GMT)
  • content of the request (actual web page)
  • access status/HTTP status code
  • quantity of data transmitted
  • website from which the request comes
  • the last website visited
  • operating system used
  • type of browser
  • language and version of browser software
  • IP address.

The purpose of holding this data is to facilitate technically the use of the internet pages you visit so as to improve our offering and website presence even more, to collect statistical data and to handle orders placed with our Burlington Online Shop. The data are used as described below:

4. Use of our Burlington Online Shop

If you would like to use our Burlington Online Shop, it will be necessary to add additional data.

a) Data for processing your order

If you wish to use our Burlington Online Shop you will need to let us have the data necessary for us to deal with your order. In doing so, you have the option to choose whether to provide the necessary data for just the one order or whether you would like to set up a customer account on which your data will be stored for use in future purchases.

If you do not create a customer account, we will save your data just for the performance of this contract and will then delete the information as soon as we are no longer legally obliged to store it. The information necessary for processing contracts is marked separately and other information is given voluntarily.

When you wish to set up a customer account or to amend data you have provided previously, the details you provide are stored among your account settings although they may be withdrawn at any time. The information is available to be used when entering further orders without the need for you to enter the information again. You can delete the account in the customer area at any time you wish.

Your data are used for the purpose of handling your orders, and if you have created a customer account in our Burlington Online Shop they are also available to make additional orders simpler. To prevent other parties from accessing your personal data without authorisation, the ordering process is encrypted using SSL technology.

To dispatch the articles we pass on your address details to a carrier contracted by us. To handle the payment we give the required data to the payment service provider chosen by you. We cooperate with the following payment service providers: American Express, Mastercard, Visa, PayPal, Amazon Pay. The payment service provider chosen by you is responsible for your payment data.

b) Credit checks

To protect ourselves from default and at the same time to give our customers the best options possible for selecting a payment method in our Burlington Online Shop, we obtain information during the order process on your previous payment activities and creditworthiness from infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden and/or BFS finance Münster GmbH, Höltenweg 33, 48155 Münster and we offer you various payment options depending on the outcome of the credit check. Independently, you may choice to pay via Amazon Pay.For this we transmit the personal data required for the credit check to the above companies and use the information thus obtained on the statistical probability of default in order to reach a balanced decision on the establishment, execution or termination of the contract relationship.

The information on creditworthiness may include probability values (scores) calculated on the basis of scientifically recognized mathematical-statistical processes and for which your address data are included. Your protection interests are taken into account in line with legal requirements.

The declaration of consent given by you is worded:

„By ticking to confirm and clicking on " go to payment", you agree that FALKE may obtain information about your previous payment habits and creditworthiness for the purpose of a credit check based on mathematical-statistical methods using your address data and in doing so transmits the necessary customer data (name, address, date of birth, email address, telephone and possibly bank details) to the companies infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany and/or BFS finance Münster GmbH, Höltenweg 33, 48155 Münster, Germany. By considering the customer data and the information received concerning the statistical probability of default, a balanced decision can be reached on which payment options can be offered to you. These data are freshly collected each time you make a purchase. You will also find a description of the process in our data protection statement.“

5. Making contact

When you contact FALKE or the customer service of the Burlington Online Shop by email or using the contact form on our website, your email address, name, title, the subject matter and content of your message are stored by us in order to answer your questions. Additional voluntary information is marked accordingly. The information you transmit does not come into contact with other data.

6. Cookies

When you visit our website – whether to view the information or to visit our Online Shop – cookies are stored on your computer. Cookies are small text files stored in an orderly way on your hard drive with reference to your browser and through which certain information is fed to the entity which places the cookie (in other words, to us or a third-party supplier).

We use cookies in part to make our internet site more user-friendly and effective overall and to allow you to be identified during subsequent visits. A series of analysis tools and online advertisers as described below also use cookies.

This website uses cookies as follows:

  • Transient cookies (temporary use)
  • Persistent cookies (limited-time use)
  • Third-party cookies (of other suppliers).

Transient cookies are automatically deleted when you close the browser. This includes session cookies in particular. These cookies store a so-called "session ID" with which various enquiries from your browser can be associated with the common session. This allows your computer to be recognised when you return to the website. We use this type of cookie to safeguard the operation and functioning of our website. Session cookies are deleted when you log off or close the browser.

Persistent cookies are automatically deleted after a predetermined period which may vary depending on the cookie. We use this type of cookie to increase the user-friendliness of our site by storing user-specific settings.

Third-party cookies are those which are placed and collected by a third party. We use this type of cookie for handling payments in our Burlington Online Shop and for advertising.

Should you not agree to the use of cookies, you may delete the cookies in your browser's security settings at any time or configure your browser so that it does not accept these cookies. You can also refuse to accept third-party cookies. However, as a precaution you should be aware that this might prevent you from using the full range of functions on our website.

7. Newsletter

We use the "double opt-in" method concerning logging on to our newsletters. This means that we send you a confirmation email after you have given your email address asking you to confirm that you would like to receive the newsletter. This confirmation takes the form of clicking on an activation link in the confirmation email. Once confirmation has been received, we email you our newsletter. For this we store your email address until you cancel the newsletter. It is only stored for the purpose of enabling us to send you the newsletter. In addition, we store your IP addresses at logon and confirmation and at intervals in order to prevent the misuse of your personal data.

Obligatory information for sending the newsletter includes the email address, the title, forename and surname as well as the language of the newsletter. Providing your date of birth is voluntary and is only used for personalising the newsletter. The information you provide is not passed on to other parties.

We draw your attention to the fact that we analyse your user behaviour when we send you the newsletter. To carry out this analysis the emails we send include what are referred to as "web beacons" (also called "tracking pixels"). These are one-pixel image files which allow us, with the involvement of third-party suppliers, to analyse your user behaviour and determine which of the e mail messages sent by us were opened, when, which links were clicked and the reaction that followed. The relevant web beacons are allocated to your email address and linked to their own ID. Links included in the newsletter also contain these individual IDs. We use the data gained in this way to build a user profile from which we draw conclusions as to your personal interests so that we can then provide you with a newsletter which is customized to suit your particular interests. We link the collected data with the other data held concerning you. We are using the services of Mapp Digital Germany GmbH for sending the newsletters and analysis described above.

You are able to refuse this form of tracking at any time without formality by sending an email to online@Burlington.de. As a rule, you can also prevent this kind of tracking by deactivating as standard the display of images in the email program which is used on your computer. However, in this case you will not receive the complete display of the newsletter and you may possibly not be able to access all the functions. As soon as you manually display the images in the newsletter, tracking resumes as mentioned above.

The consent you give when logging on to the newsletter is expressed as follows:

"I would like to receive the Burlington newsletter and agree to FALKE regularly sending me interesting offers and information for advertising purposes to the email address given by me. My email address will not be forwarded to other companies. I furthermore consent to the analysis of my reading behaviour in the context of receiving the newsletter. This will be undertaken by means of so-called "web beacons" in the email that automatically transmit information on when the newsletter is read and which of the links are clicked. With the data gained in this way, a user profile of me is created in order to allow the newsletter to be tailored to my individual interests. The data collected are linked to other data stored about me and assembled to form a user profile.

I may at any time withdraw my permission to receive the newsletter and for the usage analysis with future effect by clicking on the link "Unregister" at the end of the newsletter or sending a corresponding email to online@burlington.de. The dispatch of the newsletter and analysis of usage are done in compliance with our data protection statement.“

As a result of registering to receive the Burlington newsletter your email address will be stored by us for advertising purposes until you cancel your registration to the newsletter. You may withdraw your consent to be sent the newsletter at any time.. You can send a cancellation by clicking on the link provided in this newsletter email or by sending an email directly to online@burlington.de.

8. Tools used for analysis

We find it important to make our internet presence as good as possible and so to make it attractive to our visitors. For this it is necessary to know how our visitors regard it. To analyse this we use the following tools:

a) Google Analytics

This Internet site uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", in other words text files that are saved on your computer to help analyse how you use our site. The information generated by the cookie concerning your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymisation has been activated on this website, Google will first shorten your IP address within European Union Member States or in other signatory states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google uses this information on our behalf in order to analyse the use of our website by you so as to compile reports on website activities and provide additional services associated with the use of the website and Internet use for us as the operator of the site.

The IP address transferred by your browser as part of Google Analytics will not be combined with other Google data. Our websites use Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are processed in shortened form and so any direct reference to individuals can thus be excluded.

You can prevent cookies from being stored by using a corresponding setting in your browser software. However, as a precaution you should be aware that you then may possibly not be able to use all the functions on the website.

In addition, you may block the collection and processing by Google of the data produced by the cookie about your use of the website (including your IP address) by downloading and installing the browser plug-in available from the following link https://tools.google.com/dlpage/gaoptout?hl=en. . Google Analytics is operated by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. You can find more information on data protection in relation to Google Analytics at: https://support.google.com/analytics/answer/6004245?hl=en

b) Google Conversion Tracking

This website also uses Google Conversion Tracking, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Adwords places a cookie on your computer if you reach our website via a Google ad. These cookies become invalid after 30 days and are not used for personal identification. If the user visits certain parts of the website of the Adwords customer and the cookie has not yet expired, Google and the customer are able to recognise that the user has clicked on the advert and been forwarded to this site. Each Adwords customer is allotted a different cookie. Cookies cannot therefore be tracked via the websites of Adwords customers. The use of the information obtained through the Conversion cookie serves to generated conversion statistics for Adwords customers which have opted for conversion tracking. The Adwords customers find out the total number of users who have clicked on their advert and were relayed to a site bearing a Conversion Tracking tag. However, they do not receive any information which would allow users to be personally identified. If you do not wish to participate in the tracking process, you can also refuse to accept cookies – a browser setting can be used which will generally deactivate the automatic setting of third-party cookies. You can also deactivate cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com". Google's data protection notes on conversion tracking are available here.

c) Google TagManager

Google Tag Manager, a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"), is a solution with which marketers are able to manage website tabs via an interface. The Tag Manager tool itself which places the tags is a cookie-free domain and does not collect personal data. However, the tool does lead to the triggering of other tags which for their part may possibly collect data. However, Google Tag Manager itself does not access the data. If a deactivation is set at the domain or cookie level, it exists there for all tracking tags implemented with Google Tag Manager. You will find further information in the guidelines on usage of this service .

9. Usage-based online advertising services

We use the company Criteo SA to collect data on usage-based online advertising.

This service provider collects information about your activities on our website (e.g. surfing, visits to sub-pages etc.) and combines it into pseudonymous usage profiles. These profiles are then used for the purpose of usage-controlled display of advertising. This service use "cookies" for this, i.e. text files that are stored on your computer and enable how you use our site to be analysed. All the usage data are stored using a pseudonym so that personal identification is prevented. Your computer's IP address that has to be transmitted for technical reasons is not stored and is not used for the controlled display of advertising.

If you do not wish your data to be used or pseudonymous usage profiles to be formed, you may refuse by clicking on the following opt-out links and deactivating the respective data collection by setting an opt-out cookie.

In general you can prevent the collection of the data generated by the cookies about your use of the website by the above-mentioned services by refusing to accept third-party cookies in your browser settings. However, as a precaution you should be aware that this might prevent you from using the full range of functions on our website. You can also delete cookies again at any time. However, please note that after deleting all the cookies in your browser you may again have to set the opt-out cookies generated using the opt-out link.

Below you can also see links to the more extensive data protection statements of the service provider.

Criteo SA

Data protection statements: http://www.criteo.com/privacy/corporate-privacy-policy/

Opt-Out-Link: http://www.criteo.com/privacy/ (under „User Choices“)

A further possibility of deactivating cookies is offered on the internet platform Your Online Choices at the link: www.youronlinechoices.com .

10. Right to information and cancellation

You have the right to obtain information from us free of charge at any time about the data we have stored concerning you, its origins, the recipients or the categories of recipients to whom the data was passed on, as well as the purpose for storing it.

If you have given consent to the use of the data, you may revoke this at any time with effect for the future.

Additionally, you can have the data we collected about you blocked, deleted or amended. To do so, please contact the controller of the data file in our company.

Controller of the data file Management: Franz-Peter Falke, Paul Falke

Tel.: +49 0800 22 033 022

E-Mail: online@burlington.de

Contact partner for data protection Data Protection Supervisor:

Günther Rams

Tel.: +49 6051 916 75-0

E-Mail: datenschutz@FALKE.com

You may also obtain information concerning the refusal for a specific use of your personal data from the respective text concerning the type of use.

Version: August 2017

DATA PROTECTION STATEMENT of FALKE KGaA

We respect the privacy of each person who visits our Burlington Online Shop. It is important to us that your personal data are safeguarded. Therefore we would like to inform you of the data we collect during your visit to our website and how the information is used.

1. Object of the data protection statement

This data protection statement applies to the collection, processing and use (together hereinafter "use") of your personal data when visiting our website, using our Online Shop and the associated supplementary offers (e.g. newsletters). Personal data (hereinafter "data") are all individual details concerning personal or objective circumstances of a particular or identifiable individual, e.g. name, address, email address, date of birth, bank details.

2. Providers of services

The party offering its services as defined in Section 13 of the German Telemedia Act (Telemediengesetz) and responsible as defined in Section 3(7) of the German Data Protection Act (Bundesdatenschutzgesetz) is FALKE KGaA, Oststraße 5, 57392 Schmallenberg, Germany. You will find more details on our Imprint.

Regarding questions concerning this data protection statement, you can contact us by email at datenschutz@falke.com.

3. Use of our internet content for information purposes

For use purely as an information source, i.e. in cases when you do not wish to send us any information and are not logging on to our Burlington Online Shop, we only collect the data that your internet browser automatically passes on. The data comprise:

  • date and time of accessing our website
  • time zone difference from Greenwich Mean Time (GMT)
  • content of the request (actual web page)
  • access status/HTTP status code
  • quantity of data transmitted
  • website from which the request comes
  • the last website visited
  • operating system used
  • type of browser
  • language and version of browser software
  • IP address.

The purpose of holding this data is to facilitate technically the use of the internet pages you visit so as to improve our offering and website presence even more, to collect statistical data and to handle orders placed with our Burlington Online Shop. The data are used as described below:

4. Use of our Burlington Online Shop

If you would like to use our Burlington Online Shop, it will be necessary to add additional data.

a) Data for processing your order

If you wish to use our Burlington Online Shop you will need to let us have the data necessary for us to deal with your order. In doing so, you have the option to choose whether to provide the necessary data for just the one order or whether you would like to set up a customer account on which your data will be stored for use in future purchases.

If you do not create a customer account, we will save your data just for the performance of this contract and will then delete the information as soon as we are no longer legally obliged to store it. The information necessary for processing contracts is marked separately and other information is given voluntarily.

When you wish to set up a customer account or to amend data you have provided previously, the details you provide are stored among your account settings although they may be withdrawn at any time. The information is available to be used when entering further orders without the need for you to enter the information again. You can delete the account in the customer area at any time you wish.

Your data are used for the purpose of handling your orders, and if you have created a customer account in our Burlington Online Shop they are also available to make additional orders simpler. To prevent other parties from accessing your personal data without authorisation, the ordering process is encrypted using SSL technology.

To dispatch the articles we pass on your address details to a carrier contracted by us. To handle the payment we give the required data to the payment service provider chosen by you. We cooperate with the following payment service providers: American Express, Mastercard, Visa, PayPal, Amazon Pay. The payment service provider chosen by you is responsible for your payment data.

b) Credit checks

To protect ourselves from default and at the same time to give our customers the best options possible for selecting a payment method in our Burlington Online Shop, we obtain information during the order process on your previous payment activities and creditworthiness from infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden and/or BFS finance Münster GmbH, Höltenweg 33, 48155 Münster and we offer you various payment options depending on the outcome of the credit check. Independently, you may choice to pay via Amazon Pay.For this we transmit the personal data required for the credit check to the above companies and use the information thus obtained on the statistical probability of default in order to reach a balanced decision on the establishment, execution or termination of the contract relationship.

The information on creditworthiness may include probability values (scores) calculated on the basis of scientifically recognized mathematical-statistical processes and for which your address data are included. Your protection interests are taken into account in line with legal requirements.

The declaration of consent given by you is worded:

„By ticking to confirm and clicking on " go to payment", you agree that FALKE may obtain information about your previous payment habits and creditworthiness for the purpose of a credit check based on mathematical-statistical methods using your address data and in doing so transmits the necessary customer data (name, address, date of birth, email address, telephone and possibly bank details) to the companies infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany and/or BFS finance Münster GmbH, Höltenweg 33, 48155 Münster, Germany. By considering the customer data and the information received concerning the statistical probability of default, a balanced decision can be reached on which payment options can be offered to you. These data are freshly collected each time you make a purchase. You will also find a description of the process in our data protection statement.“

5. Making contact

When you contact FALKE or the customer service of the Burlington Online Shop by email or using the contact form on our website, your email address, name, title, the subject matter and content of your message are stored by us in order to answer your questions. Additional voluntary information is marked accordingly. The information you transmit does not come into contact with other data.

6. Cookies

When you visit our website – whether to view the information or to visit our Online Shop – cookies are stored on your computer. Cookies are small text files stored in an orderly way on your hard drive with reference to your browser and through which certain information is fed to the entity which places the cookie (in other words, to us or a third-party supplier).

We use cookies in part to make our internet site more user-friendly and effective overall and to allow you to be identified during subsequent visits. A series of analysis tools and online advertisers as described below also use cookies.

This website uses cookies as follows:

  • Transient cookies (temporary use)
  • Persistent cookies (limited-time use)
  • Third-party cookies (of other suppliers).

Transient cookies are automatically deleted when you close the browser. This includes session cookies in particular. These cookies store a so-called "session ID" with which various enquiries from your browser can be associated with the common session. This allows your computer to be recognised when you return to the website. We use this type of cookie to safeguard the operation and functioning of our website. Session cookies are deleted when you log off or close the browser.

Persistent cookies are automatically deleted after a predetermined period which may vary depending on the cookie. We use this type of cookie to increase the user-friendliness of our site by storing user-specific settings.

Third-party cookies are those which are placed and collected by a third party. We use this type of cookie for handling payments in our Burlington Online Shop and for advertising.

Should you not agree to the use of cookies, you may delete the cookies in your browser's security settings at any time or configure your browser so that it does not accept these cookies. You can also refuse to accept third-party cookies. However, as a precaution you should be aware that this might prevent you from using the full range of functions on our website.

7. Newsletter

We use the "double opt-in" method concerning logging on to our newsletters. This means that we send you a confirmation email after you have given your email address asking you to confirm that you would like to receive the newsletter. This confirmation takes the form of clicking on an activation link in the confirmation email. Once confirmation has been received, we email you our newsletter. For this we store your email address until you cancel the newsletter. It is only stored for the purpose of enabling us to send you the newsletter. In addition, we store your IP addresses at logon and confirmation and at intervals in order to prevent the misuse of your personal data.

Obligatory information for sending the newsletter includes the email address, the title, forename and surname as well as the language of the newsletter. Providing your date of birth is voluntary and is only used for personalising the newsletter. The information you provide is not passed on to other parties.

We draw your attention to the fact that we analyse your user behaviour when we send you the newsletter. To carry out this analysis the emails we send include what are referred to as "web beacons" (also called "tracking pixels"). These are one-pixel image files which allow us, with the involvement of third-party suppliers, to analyse your user behaviour and determine which of the e mail messages sent by us were opened, when, which links were clicked and the reaction that followed. The relevant web beacons are allocated to your email address and linked to their own ID. Links included in the newsletter also contain these individual IDs. We use the data gained in this way to build a user profile from which we draw conclusions as to your personal interests so that we can then provide you with a newsletter which is customized to suit your particular interests. We link the collected data with the other data held concerning you. We are using the services of Mapp Digital Germany GmbH for sending the newsletters and analysis described above.

You are able to refuse this form of tracking at any time without formality by sending an email to online@Burlington.de. As a rule, you can also prevent this kind of tracking by deactivating as standard the display of images in the email program which is used on your computer. However, in this case you will not receive the complete display of the newsletter and you may possibly not be able to access all the functions. As soon as you manually display the images in the newsletter, tracking resumes as mentioned above.

The consent you give when logging on to the newsletter is expressed as follows:

"I would like to receive the Burlington newsletter and agree to FALKE regularly sending me interesting offers and information for advertising purposes to the email address given by me. My email address will not be forwarded to other companies. I furthermore consent to the analysis of my reading behaviour in the context of receiving the newsletter. This will be undertaken by means of so-called "web beacons" in the email that automatically transmit information on when the newsletter is read and which of the links are clicked. With the data gained in this way, a user profile of me is created in order to allow the newsletter to be tailored to my individual interests. The data collected are linked to other data stored about me and assembled to form a user profile.

I may at any time withdraw my permission to receive the newsletter and for the usage analysis with future effect by clicking on the link "Unregister" at the end of the newsletter or sending a corresponding email to online@burlington.de. The dispatch of the newsletter and analysis of usage are done in compliance with our data protection statement.“

As a result of registering to receive the Burlington newsletter your email address will be stored by us for advertising purposes until you cancel your registration to the newsletter. You may withdraw your consent to be sent the newsletter at any time.. You can send a cancellation by clicking on the link provided in this newsletter email or by sending an email directly to online@burlington.de.

8. Tools used for analysis

We find it important to make our internet presence as good as possible and so to make it attractive to our visitors. For this it is necessary to know how our visitors regard it. To analyse this we use the following tools:

a) Google Analytics

This Internet site uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", in other words text files that are saved on your computer to help analyse how you use our site. The information generated by the cookie concerning your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymisation has been activated on this website, Google will first shorten your IP address within European Union Member States or in other signatory states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google uses this information on our behalf in order to analyse the use of our website by you so as to compile reports on website activities and provide additional services associated with the use of the website and Internet use for us as the operator of the site.

The IP address transferred by your browser as part of Google Analytics will not be combined with other Google data. Our websites use Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are processed in shortened form and so any direct reference to individuals can thus be excluded.

You can prevent cookies from being stored by using a corresponding setting in your browser software. However, as a precaution you should be aware that you then may possibly not be able to use all the functions on the website.

In addition, you may block the collection and processing by Google of the data produced by the cookie about your use of the website (including your IP address) by downloading and installing the browser plug-in available from the following link https://tools.google.com/dlpage/gaoptout?hl=en. . Google Analytics is operated by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. You can find more information on data protection in relation to Google Analytics at: https://support.google.com/analytics/answer/6004245?hl=en

b) Google Conversion Tracking

This website also uses Google Conversion Tracking, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Adwords places a cookie on your computer if you reach our website via a Google ad. These cookies become invalid after 30 days and are not used for personal identification. If the user visits certain parts of the website of the Adwords customer and the cookie has not yet expired, Google and the customer are able to recognise that the user has clicked on the advert and been forwarded to this site. Each Adwords customer is allotted a different cookie. Cookies cannot therefore be tracked via the websites of Adwords customers. The use of the information obtained through the Conversion cookie serves to generated conversion statistics for Adwords customers which have opted for conversion tracking. The Adwords customers find out the total number of users who have clicked on their advert and were relayed to a site bearing a Conversion Tracking tag. However, they do not receive any information which would allow users to be personally identified. If you do not wish to participate in the tracking process, you can also refuse to accept cookies – a browser setting can be used which will generally deactivate the automatic setting of third-party cookies. You can also deactivate cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com". Google's data protection notes on conversion tracking are available here.

c) Google TagManager

Google Tag Manager, a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"), is a solution with which marketers are able to manage website tabs via an interface. The Tag Manager tool itself which places the tags is a cookie-free domain and does not collect personal data. However, the tool does lead to the triggering of other tags which for their part may possibly collect data. However, Google Tag Manager itself does not access the data. If a deactivation is set at the domain or cookie level, it exists there for all tracking tags implemented with Google Tag Manager. You will find further information in the guidelines on usage of this service .

9. Usage-based online advertising services

We use the company Criteo SA to collect data on usage-based online advertising.

This service provider collects information about your activities on our website (e.g. surfing, visits to sub-pages etc.) and combines it into pseudonymous usage profiles. These profiles are then used for the purpose of usage-controlled display of advertising. This service use "cookies" for this, i.e. text files that are stored on your computer and enable how you use our site to be analysed. All the usage data are stored using a pseudonym so that personal identification is prevented. Your computer's IP address that has to be transmitted for technical reasons is not stored and is not used for the controlled display of advertising.

If you do not wish your data to be used or pseudonymous usage profiles to be formed, you may refuse by clicking on the following opt-out links and deactivating the respective data collection by setting an opt-out cookie.

In general you can prevent the collection of the data generated by the cookies about your use of the website by the above-mentioned services by refusing to accept third-party cookies in your browser settings. However, as a precaution you should be aware that this might prevent you from using the full range of functions on our website. You can also delete cookies again at any time. However, please note that after deleting all the cookies in your browser you may again have to set the opt-out cookies generated using the opt-out link.

Below you can also see links to the more extensive data protection statements of the service provider.

Criteo SA

Data protection statements: http://www.criteo.com/privacy/corporate-privacy-policy/

Opt-Out-Link: http://www.criteo.com/privacy/ (under „User Choices“)

A further possibility of deactivating cookies is offered on the internet platform Your Online Choices at the link: www.youronlinechoices.com .

10. Right to information and cancellation

You have the right to obtain information from us free of charge at any time about the data we have stored concerning you, its origins, the recipients or the categories of recipients to whom the data was passed on, as well as the purpose for storing it.

If you have given consent to the use of the data, you may revoke this at any time with effect for the future.

Additionally, you can have the data we collected about you blocked, deleted or amended. To do so, please contact the controller of the data file in our company.

Controller of the data file Management: Franz-Peter Falke, Paul Falke

Tel.: +49 0800 22 033 022

E-Mail: online@burlington.de

Contact partner for data protection Data Protection Supervisor:

Günther Rams

Tel.: +49 6051 916 75-0

E-Mail: datenschutz@FALKE.com

You may also obtain information concerning the refusal for a specific use of your personal data from the respective text concerning the type of use.

Version: August 2017