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Data protection statement of FALKE KGaA

The FALKE KGaA thanks you for visiting our website and your interest in our company and products. The protection of your personal data is of great importance to us. Your data will be collected in accordance with the applicable legal regulations. This Privacy Policy will explain which information the FALKE KGaA collects when you visit our website and how this information is used.

1. Privacy Policy Object

This Privacy Policy applies to the collection, processing and use (hereafter collectively referred to as "use") of your personal data when visiting our Internet pages and using our online shop and its related offers (e.g., newsletters). Personal data (hereafter referred to as "data") is individual information about the personal or material circumstances of an identified or identifiable natural person, e.g., name, address, email address, date of birth or bank details.

Collection and Storage of Personal Data

We will collect personal data if you provide it to us, e.g., when you contact us. We will only use personal data transmitted to us this way for the purpose for which you provide this personal data to us when contacting us.

Such information will expressly be provided voluntarily and with your consent. For information about communications channels (e.g., your email address or telephone number), you also agree to allow us to contact you through these communication channels to answer your request.
You may revoke your declaration of consent at any time with future effect. To do so, please contact our data protection officer whose contact details are provided below.If you are a customer or registered user of this Internet page, the IP address assigned to your device will be saved until your registration is completed. The same applies if you purchased a product from our online shop. The date and the IP address from which the order was placed will be saved for as long as you are a registered user of our website.The same applies when subscribing to our email newsletter for which the IP address used when subscribing will also be saved. Personal data will only be collected and saved for using our offers if provided by you through our contact form. If the usage purpose no longer applies, the data will be deleted.When placing an order or creating a customer account, the following data will be especially collected:

  • Title
  • Name, first name, date of birth
  • Address
  • Email address
  • Telephone number, if applicable

When placing an order, payment details such as bank details or credit card number will also be collected if applicable.

Use of Personal Data

All personal data will, without separate consent, only be used for the execution of the respective service. The data will be collected and saved by us to the extent required for performing the contractual service. If we deliver goods to you, we will forward your data to the commissioned shipping company if required for the delivery. Further use will require your consent. Your payment details will be provided to the respective payment service provider based on the payment method you selected. The payment service provider will be responsible for your payment data.
In addition, we collect personal data mechanically and process such data automatically for the purposes of the respective orders. For this, the data may also be transferred to a data service center or to one of our affiliates for further processing. If we commission external service providers to process your data, these service providers will have been diligently selected, commissioned through a written agreement and bound to our directives. These service providers will not provide the data to third parties, but will delete the data after completion of the order and the expiration of legal storage periods, unless you consented to further storage.Without your consent, the collected data will not be used for advertising or market or opinion research purposes. If you would like to receive our newsletter, we will need a valid email address and information that allows us to verify that you are the owner of the provided email address or that its owner agreed to receive our newsletter. Any consent to the storage of one's data or email address or use for receipt of our newsletter may be revoked at any time.If data is requested for the fulfillment of legal requirements (e.g., litigation), we will disclose your data to the competent authorities.
Encryptions convert a "clear text," i.e., a clearly readable text, into a "secret text," i.e., an indecipherable character sequence. To prevent unauthorized third-party access, the personal data you provided during registration or when contacting us will be encrypted (SSL -Secure Sockets Layer-) through a separate VPN gateway and thereby transmitted from the website to our company securely.
If you use embedded social media plugins (e.g., the "Like" or "g+1" button), the privacy policies of the respective plugin providers (e.g., Facebook, Google or Instagram) will apply additionally. Please see below for further information.

2. Providers Identifiers

The provider in the sense of Section 13 of the German Telemedia Act [Telemediengesetz, TMG] and the controller in the sense of the German Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG] is the FALKE KGaA, Oststraße 5, 57392 Schmallenberg, Germany. Please see our Imprint for further information. If you have any questions about this Privacy Policy, please do not hesitate to contact us by email at datenschutz@FALKE.com

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3. Informative Use of Our Internet Pages

During purely informative uses of our Internet presence, i.e., if you do not provide any information to us voluntarily and/or do not register to use our online shop, we will only collect the data transmitted automatically by your Internet browser. These are:

  • Time and date our Internet page is opened
  • Time zone difference to Greenwich Mean Time (GMT)
  • Requested contents (specific page)
  • Access status/HTTP status code
  • Transmitted data volume
  • Requesting website
  • Last visited website
  • Operating system
  • Browser type
  • Browser settings
  • Browser language and version
  • IP address


This data is used to technically enable you to use the Internet pages you open, improve our offer and our Internet presence, collect statistical data and execute orders through our online shop. Apart from that, the data will be used as follows:

Use of Our Online Shop

Use of our online shop requires additional data.

a) Data to Process Your Order

The services of our online shop require you to provide the data needed for order processing. You may choose if you only want to provide the data needed for your order once or if you would like to create a customer account that will save your data for future orders.If you create a customer account, we will save your data to execute the contract and will delete your data as soon as we are no longer required by law to save it. Information required for contract execution is marked separately as such. Any additional information will be provided voluntarily. If you create a customer account or edit previously provided data, the data provided by you will be saved in your account settings and may be used for future orders without being entered again. You may delete your account at any time in the customer section.If you create a customer account for our online shop, we will only use your data to execute your order and make placing orders easier. To prevent unauthorized third-party access to your personal data, the order process is encrypted using SSL technology.To ship your goods, we will forward your address data to a shipping company commissioned by us.To execute payments, we will forward the required data to the payment service provider you selected. We use the following payment services: AMEX, Mastercard, Visa, PayPal, Amazon, Sofortüberweisung and purchase on account. The payment service provider you select will be responsible for your payment data.All contracted processing service providers and affiliates are also bound to the German Federal Data Protection Act and to other applicable legal requirements and act exclusively according to directives of the FALKE KGaA.



b) Credit Assessment

To protect ourselves against payment default and to offer the best possible payment method options to our online shop customers, we will transmit your data (name, address and, if applicable, date of birth) to the infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, the informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, and/or to the BFS finance Münster GmbH, Höltenweg 33, 48155 Münster, Germany, to perform credit assessments, obtain information to determine payment default risks on the basis of statistical-mathematical procedures using address data and to verify your address (to confirm whether deliveries can be made). We use the information we receive about the statistical likelihood of payment default to make balanced decisions about the establishment, execution or termination of a contractual relationship. The legal basis for such transfers is Art. 6(1) letter b and Art. 6(1) letter f of the General Data Protection Regulation. Data may only be transferred on the basis of these regulations if required for protecting the legitimate interests of our company or of a third party and if not outweighed by your interests, basic rights and basic freedoms in the protection of such personal data. Your reasons for protection will be considered in accordance with these legal regulations.For detailed information about the ICD in the sense of Art. 14 of the EU General Data Protection Regulation ("GDPR"), i.e., information about the business purpose, data storage purpose, data recipients, self-disclosure rights, right to deletion or correction, etc., please see the Annex or the following link.

Irrespective thereof, you may make payments via Amazon Payments. In addition, you may use "Sofort" if you do not give the following consent.The according declaration of consent issued by you is:"By confirming this checkmark and clicking on the "Continue shopping" button, you agree to have FALKE obtain information about your previous payment history and credit score on the basis of statistical-mathematical procedures using your address data and forward your customer data (name, address, date of birth, email address, telephone number and, if applicable, bank details) to the infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, the informa Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, and/or the BFS finance Münster GmbH, Höltenweg 33, 48155 Münster, Germany. On the basis of this customer data and the information received about the statistical likelihood of payment default, a balanced decision will be made about which payment options may be granted to you. The data will be collected anew for each purchase. I am aware that I am granting my consent voluntarily and that I may refuse or revoke my consent at any time by emailing datenschutz@FALKE.com. Furthermore, I am aware that I may only choose the payment option "Sofort" in such cases. The process is also described in our Privacy Policy."
If you do not consent to the obtainment of credit score information described in this Section, you may object to the collection of such data or revoke your consent at any time by emailing datenschutz@FALKE.com. However, please note that we will only be able to offer the payment option "Sofort" to you in such cases.

4. User Account

You may also use our online offer through a profile. This profile consists of your username and password (so-called pseudonym). Please be careful to keep your password secret to prevent misuse and ensure that your data is up to date. You are responsible for all processes that occur under your username. Profiles may be created voluntarily. They are only used to make using our offer easier and more individualized and to continuously improve our offer. We only use your profile data to execute orders, perform additional services ordered by you and execute payments. Unless you agreed to have us inform you otherwise about other information, we will only communicate with you by telephone or email for the stated purposes. We will delete your profile data if you instruct us to delete your profile, unless applicable laws allow or require us to continue to save your profile.

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5. Server Log Files

Access Data/Server Log Files
The provider (or his web space provider) collects data about every time the offer is accessed (so-called server log files). This access data includes: Name of the website opened, time and date of the request, data volume transferred, report of successful retrieval, browser type and version, operating system of the user, referrer URL (last visited page), IP address and the requesting provider. The provider will only use this protocol data for statistical assessments for the operation, security and optimization of the offer. However, the provider reserves the right to subsequently review the protocol data in case of specific indications for justified suspicions of unlawful use.

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6.Contacting

We will collect personal data if provided by you voluntarily, e.g., when contacting us. We will only use the personal data transmitted this way for the purpose for which you provided the data when contacting us.Such information will expressly be provided voluntarily and with your consent. For information about communication channels (e.g., your email address or telephone number), you also agree to allow us to contact you through these communication channels to answer your request.You may revoke your declaration of consent at any time with future effect. To do so, please contact our data protection officer whose contact details are provided below.

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7. Email Security

The user agrees to electronic communication when contacting the FALKE KGaA electronically. Please note that emails may be read or changed without authorization and without being noticed during such transmissions. The FALKE KGaA uses software to filter undesired emails (spam filter). The spam filter may reject certain emails that are incorrectly identified as spam due to certain characteristics.

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8. Applications Submitted Through Our Website

The protection of your personal data is of great importance to us. Any data you provide to us will be treated in accordance with the applicable legal regulations, especially privacy laws.

a) Application Information
We collect various kinds of information. This especially includes personal data that features contact information and descriptions of your training, work experience and skills. In addition, you may submit saved documents, such as certificates or letters, to us electronically. By submitting an application, you assure us that the information provided by you is accurate. Please note that any false information or intentional omission may constitute a reason for rejection or subsequent dismissal. You do not have to provide information that cannot be used under the German General Act on Equal Treatment [Allgemeines Gleichbehandlungsgesetz, AGG] (race or ethnic origin, gender, religion or belief, disability, age or sexual orientation). Please also do not submit information about your illnesses, pregnancy, ethnic origin, political beliefs, philosophical or religious convictions, union membership, physical or mental health or sexual activities. The same applies to contents that may be suitable for violating third-party rights (e.g., copyrights, press law or general third-party rights).

b) Collection, Processing, Use and Transfers of Your Data
Personal data will only be collected, saved, processed and used for purposes related to your interest in current or future employment with us and for the processing of your application. Your personal data will not be transferred to third parties. When using the online application procedure, data, such as your name, address, telephone number, email address, etc., will be collected. This data will be used to contact you about your application.If your application is successful, the stated data may be used for administrative purposes regarding your employment.Your online application will only be processed and read by our respective contact person. All employees tasked with processing data are required to maintain confidentiality over your data. Under no circumstances will third parties learn of the information you provide. Data you submit to us will only be processed in Germany.

c) Storage
Should we be unable to offer you employment, we will save the data you submitted for six months to answer questions about your application and rejection. If your application documents are of interest to us, although we are currently unable to offer you a suitable position, you hereby agree to have us save your data. This will allow us to contact you about future job offers.

d) Declaration of Consent for Saving Applicant Data
Should my application not be successful, I hereby consent to have the FALKE KGaA save the personal data that I submitted for my application (especially in my application letter, CV, certificates, cover letter, etc.) after the application process ends. I agree to have the FALKE KGaA use this data to contact me at a later date, should I be considered for another position. If I provided "special categories of personal data" under Section3(9) of the German Federal Data Protection Act in my application or related documents (e.g., a picture that shows my ethnic origin, information about disabilities, etc.), my consent shall also refer to this data. This consent shall also apply to data on my qualifications and activities from publicly available data sources (especially professional social networks) which the FALKE KGaA legitimately collected for the application process. This consent is issued voluntarily and has no effect on my chances in the current application process. I may refuse my consent without stating reasons and without having to fear incurring disadvantages thereby. I may also revoke my consent at any time by emailing humanresources@FALKE.com in which case my data (following the completion of the application process) will be deleted without delay.

e) Data Deletion, Consent Revocation
You have the right to view and demand detailed information about the data saved on you and to demand the correction of any incorrect data on you and the full or partial deletion of any such data at any time. You may subsequently revoke any consent you granted. You may submit your revocation to the contact person specified in the job advertisement or to humanresources@FALKE.com

f) Data Security
We place great value on providing the greatest possible security for our systems and use the most modern data storage and security technologies to ensure optimal protection of your data. This includes measures such as anti-virus software or a firewall. Our security measures are regularly updated in accordance with technological developments. Your data will be transmitted in encrypted form and saved in a database. All systems on which your personal data is saved are protected from unauthorized access and are only accessible to certain human resources personnel.

9. Cookies

What are cookies?
Cookies are information in text form (ASCII text) saved on your hard disk through your browser (e.g., Microsoft Explorer or Mozilla Firefox). If you visit an Internet page again, for which your browser saved the cookie, you will be recognized and addressed specifically.
Cookies enable our systems to recognize your browser and to offer you services such as Comfort-Cookie.
How to prevent new cookies from being accepted, how to have your browser notify you about new cookies and how to disable all cookies is explained in the help functions of most browsers. However, full use of some interesting features may require cookies, which is why we recommend enabling cookies.We also recommended completely logging out after using any jointly used computer whose browser accepts cookies.
For pages of FALKE.com, this means that you no longer have to log in through your username and password when selecting the comfort cookies.
Please note: Cookies only apply to the computer on which they are saved. Cookies only make it easier for you to log in on the computer on which you have selected the cookie.
Many Internet users have reservations about cookies. Therefore, FALKE.com allows you to choose whether or not to accept cookies.

To prevent misunderstandings:
  • Cookies cannot transmit viruses
  • Cookies cannot obtain email addresses
  • Cookies cannot obtain hard disk contents
  • Cookies cannot transfer history files
  • Cookies cannot send emails secretly
  • Cookies cannot fill up or erase your hard disk
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Limitations

Cookies are intended for specific computers. If your computer is accessible to others, you should not use comfort cookies, since the login process for your account will be completed automatically without manually entering a password when opening FALKE.com pages. Browsers are usually preset to accept cookies. Should this not be the case, your browser settings must be adjusted to accept cookies if you would like to use the benefits of comfort or standard cookies on FALKE.com.

When using our Internet pages—both for purely informative uses and when visiting our online shop—, cookies will be saved on your computer. Cookies are small text files saved on your hard disk through your browser and through which the party (i.e., us or a third-party provider) that saved the cookie will receive certain information.

We use cookies to make our Internet offer more user-friendly and effective and to identify you during subsequent visits. Furthermore, a number of the analysis tools and online advertising services described below also use cookies.

This website uses the following cookies:
  • Session Cookies
  • Transient cookies (temporary use)
  • Persistent cookies (short-term use)
  • Third-party cookies (by third-party providers)

Session cookies are used to confirm new sessions/visits. A session cookie will be created when the JavaScript library is executed and no more existing __utmb cookies are present. The cookie will be updated whenever data is transmitted to Google Analytics.
The cookie will be activated at the end of a browser session to determine whether the user started a new session or came as a visitor.
Transient cookies will be deleted automatically when you close your browser. This especially includes session cookies. Session cookies save so-called session IDs through which various requests of your browser can be assigned to the respective session. This allows your computer to be recognized when you return to the website. We use these kinds of cookies to perform operations and ensure the functionality of our website. Session cookies will be deleted when you log out or close your browser.
Persistent cookies will be deleted automatically after a set period which may differ depending on the cookie. We use these kinds of cookies to increase the user-friendliness of our website by saving user-specific settings.
Third-party cookies are cookies that are set and collected by a third party. We use these kinds of cookies to execute payments on our online shop and for advertising purposes. If you do not agree to the use of cookies, you may delete the cookies through your browser's security settings at any time or configure your browser to disable cookies. In addition, you may set your browser to reject third-party cookies. However, please note that doing so may prevent you from using every function of this website.

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10. Newsletter

We use so-called closed-loop authentication for our newsletter subscriptions. This means that we will send you a confirmation email to the email address you provided and will ask you to confirm that you wish to receive our newsletter by clicking on one of the links included in the email. After we receive your confirmation, we will send you our newsletter by email. To do so, we will save your email address for as long as required until you unsubscribe from our newsletter. We will only save your email address to send you our newsletter. In addition, we will save your IP address and the time and date of your confirmation when subscribing to and confirming our newsletter to prevent any misuse of your personal data. After we receive your confirmation, we will save your email address to send you our newsletter. The legal basis for this is Art. 6(1) sentence 1 letter a of the General Data Protection Regulation.

Information required for receiving our newsletter includes your email address, title, first and last name and the language in which you would like to receive our newsletter. You may provide your date of birth voluntarily which will only be used to personalize the newsletter. The data you provide will not be transferred to third parties.

Please note that we assess user behavior when sending our newsletter. To perform this assessment, our emails include so-called web beacons (also known as tracking pixels). These are one-pixel image files that allow us to assess your user behavior with the help of third-party providers and to determine when which of our emails are opened, which links are activated and what the according responses are. For this, the respective web beacons are assigned to your email address and linked to a specific ID. Links included in the newsletter also feature this specific ID. We use the data obtained thereby to create a user profile to infer your personal interests to tailor the newsletter to your interests. We will link the data collected this way to other available data on you. We use the service provider Mapp Digital Germany GmbH to send our newsletter and perform the above-stated assessments.

You may object to this tracking at any time by sending an informal email to online@FALKE.com. You may object to this tracking at any time by sending an informal email to online@burlington.de. You may also prevent such tracking by disabling images in your computer's email program. However, this will prevent the newsletter from being displayed fully and you may not be able to use every function. If you activate image displays for the newsletter manually, the above-stated tracking will be performed.

You issue the following consent when subscribing to our newsletter:

" I would like to receive FALKE's newsletter and agree to have FALKE regularly send me interesting offers and information by email for advertising purposes to the email address I provided. My email address will not be forwarded to other companies.

"I would like to receive Burlington's newsletter and agree to have Burlington regularly send me interesting offers and information by email for advertising purposes to the email address I provided. My email address will not be forwarded to other companies. Furthermore, I agree to have my reading behavior assessed when receiving this newsletter. This assessment will be performed through so-called web beacons included in each email that automatically transmit information about when I read the newsletter and which links I activate. The data obtained thereby is used to create a user profile for me to tailor the newsletter to my individual interests. The collected data will be merged with other available data on me and merged with my user profile.

I may revoke my consent for receipt of the newsletter and for my usage assessment at any time with future effect by clicking on the "Unsubscribe" link at the end of the newsletter or by emailing online@FALKE.com. We send our newsletter and perform usage assessments in accordance with our Privacy Policy."

I may revoke my consent for receipt of the newsletter and for my usage assessment at any time with future effect by clicking on the "Unsubscribe" link at the end of the newsletter or by emailing online@burlington.de. We send our newsletter and perform usage assessments in accordance with our Privacy Policy."

When you subscribe to our newsletter, we will save your email address for advertising purposes until you unsubscribe from our newsletter. You may revoke your consent for the receipt of our newsletter at any time by clicking on the link in the newsletter or by emailing us at online@FALKE.com
When you subscribe to our newsletter, we will save your email address for advertising purposes until you unsubscribe from our newsletter. You may revoke your consent for the receipt of our newsletter at any time by clicking on the link in the newsletter or by emailing online@burlington.de.

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11. Analysis Tools

Optimizing our Internet presence to make it attractive to our visitors is of great importance to us. This requires us to know which parts of our website appeal to our visitors. Therefore, we use the following analysis tools:

a) Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called cookies, text files saved onto your computer that allow your website use to be analyzed. The information on your website use generated by the cookie is generally transmitted to a Google server in the USA where it is saved. Google adheres to the privacy regulations of the International Safe Harbor Privacy Principles and is registered with the Safe Harbor program of the US Department of Commerce. If IP-anonymization is activated on our website, your IP address will be shortened by Google within member states of the European Union or in other states party to the European Economic Area Agreement. Only in exceptions will your full IP address be transferred to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to assess your use of this website, compile reports about website activity and perform additional services related to use of the website and the Internet for the website operator.

The IP address transmitted by your browser through Google Analytics will not be merged with other Google data. This website uses Google Analytics with the extension "_anonymizeIp()" through which IP addresses are further processed in shortened form to exclude any personal references.
You can prevent cookies from being saved through your browser settings at any time. However, please note that doing so may prevent you from using every function of this website.

Furthermore, you can prevent the collection of cookie-generated data (including your IP address) on your use of the website and the processing of this data by Google by downloading and installing the browser plug-in provided under the following link: http://tools.google.com/dlpage/gaoptout ?hl=de.

Google Analytics is operated by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. For more information about data protection when using Google Analytics, please see: http://www.google.com/intl/de/analytics/privacyoverview.html

Google Analytics – Order Processing Agreement–

Since, in the view of the supervisory authorities, website operators act as the client and Google serves as a contractor when using Google Analytics, we have concluded a written processing agreement with Google.

b) Google Conversion Tracking

In addition, this website uses Google Conversion Tracking, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). If you reach our website through a Google advertisement, Google Adwords will save a cookie on your computer. These cookies will be valid for 30 days and are not used to identify you personally. If you visit certain websites of the Adwords customer’s website before the cookie expires, Google and the customer can see that you clicked on the advertisement and were forwarded to this page. Each Adwords customer is assigned a different cookie. Cookies therefore cannot be traced through the websites of Adwords customers. The information obtained through the conversion cookie is used to prepare conversion statistics for Adwords customers who choose conversion tracking. Adwords customers will learn the total number of users who clicked on their advertisements and were forwarded to a page with a conversion tracking tag. However, they will not receive any information through which users could be personally identified. You can also prevent participating in this tracking process by disabling the required cookies—e.g., by disabling third-party cookies in your browser settings. You can also disable conversion tracking cookies by setting your browser to block cookies from the domain www.googleadservices.com. Please click here for more information about data protection when using Google's conversion tracking.

c) Google Tag Manager

Google Tag Manager, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"), is a solution that provides a surface for marketers to manage website tags. The Tag Manager tool which implements tags is a cookie-free domain and does not collect personal data. However, the tool activates other tags which may collect data. Google Tag Manager does not access this data. In case of deactivation on the domain or cookie level, the deactivation will remain in place for all tracking tags implemented through Google Tag Manager. Please see this service's usage guidelines for more information.

e) Microsoft Bing

This website uses Bing Ads (bingads.microsoft.com) which is provided and operated by the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft"). If you reach our website through a Microsoft Bing advertisement, Microsoft will save a cookie on your device. This allows Microsoft Bing and us to see that someone clicked on an advertisement that led to our website before reaching a specific target page (conversion page). We only learn the total number of users who clicked on a Bing advertisement and were forwarded to the conversion page. Microsoft uses these cookies to collect, process and use information to create anonymous usage profiles. Such usage profiles allow user behavior to be analyzed and are used to display advertisements. No personal information about a user's identity will be processed.
If you do not want Microsoft to use information about your behavior as described above, you may block the required cookies—e.g., by disabling cookies in your browser settings. You can also prevent the collection of your data generated by the cookie on use of our website and processing of this data by Microsoft by submitting an objection to the following link http://choice.microsoft.com/de-DE/opt-out. Please see Microsoft's website for more information on privacy protection and the cookies used by Microsoft and Bing Ads https://privacy.microsoft.com/de-de/privacystatement.

12. Use of Social Media Plugins

You can use social media plugins (e.g., "Like" or "g+1" buttons) of the social networks Facebook, Google+ and Instagram (hereafter "provider") on our website to, e.g., share contents or recommend products (hereafter "plugin“).

We have no influence over the collected data or processing processes and are not aware of the full extent of the data collection, processing purposes or storage periods. Nor do we have any information about the deletion of collected data by the plugin provider.

The plugin provider saves the data collected about you in usage profiles which are used for advertising, market research and/or need-based website design purposes. Such assessments are especially performed (even for users not logged in) to offer need-based advertisements and to inform other social network users about your activities on our website. You have the right to object to the creation of such user profiles which you may exercise by contacting the respective plugin provider. Plugins enable you to interact with the social networks of other users which helps us optimize our offer and make it more interesting for you as a user. The legal basis for the use of plugins is Art. 6(1) sentence 1 letter f of the General Data Protection Regulation.

If you open a page of our website that features such a plugin, your browser will automatically establish a direct connection to the servers of the respective plugin providers. The provider transmits the contents of the plugin directly to your browser whereby the contents are integrated on our website. This integration informs the provider that you opened the respective page of our website, even if you do not have an according user account or are not logged in to the respective service. Your browser will transmit this information (including your IP address) directly to a server of the respective provider in the US where it is saved as a usage profile and used for advertising, market research and/or need-based website design purposes.

You have the right to object to the creation of such user profiles which you may exercise by contacting the respective plugin provider. Please find the according links below.

If you are logged in to your Facebook, Google or Instagram account when visiting our website, the respective provider may assign your visit to our website to your user account. If you interact with a plugin, e.g., by activating the "Like" or "g+1" button, the according information will also be transmitted directly to a server of the respective provider in the US where it will be saved. The information will also be published on the respective social network through your user account and shared with your contacts.

Even if you are not logged in to accounts of the respective plugin providers when visiting our website, the data collected by the plugins may be assigned to your user account. When visiting our website, plugins will save cookies with an identifier. Since your browser transmits this cookie without solicitation when a connection to the provider's server is established, Facebook, Google and Instagram may use it to create a profile on which Internet pages were opened by the user with the respective identifier. This identifier could then be used to identify a specific person—e.g., when logging in to an account of the respective provider.

Data will be transmitted irrespective of whether you have an according user account or are logged in to the respective service. If you are logged in to your plugin provider account, the data collected by us will be assigned directly to your plugin provider account. If you click on the activated button and, e.g. link this page, the plugin provider will also save this information on your user account and will publicly share it with your contacts. We recommend logging out regularly after using a social network account, especially before activating the button, since this will prevent assignments to your plugin provider profile.

If you do not want your profile to be assigned to the respective plugin provider, please log out of the respective service before visiting our website. Furthermore, you can set your browser to "Block third-party cookies" to prevent your browser from sending cookies to the respective social network servers. However, this setting may also disable other functions of other providers on our pages in addition to the plugins. You can disable social media plugins entirely through special browser add-ons, e.g., the script blocker "NoScript" (available at http://noscript.net/).

For more information about the purpose and extent of data collection and processing by the plugin provider, please see the following privacy policies of the respective providers where you can also find information about your according rights and settings options for the protection of your privacy and your right to object to the creation of user profiles.

Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Please see the following link for an overview of Facebook's plugins: https://developers.facebook.com/docs/plugins. Facebook's data policy can be found at: http://www.facebook.com/policy.php.

Google+ is operated by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. Please see the following link for an overview of Google+ buttons: http://www.facebook.com/policy.php. Google's privacy policy can be found at: http://www.google.de/intl/de/policies/privacy.

Instagram is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA. The Instagram plugin is marked with an Instagram logo in the form of an "Instagram camera." Please see the following link for an overview of Instagram's plugins: http://blog.instagram.com/post/36222022872/introducing-instagram-badges. Instagram's privacy policy can be found at: http://instagram.com/about/legal/privacy.

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13. Usage-based Online Advertising Services

a) DoubleClick

DoubleClick is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). DoubleClick uses cookies to display advertisements that are relevant to you. For this, an anonymous identification number (ID) will be assigned to your browser to monitor which advertisements are displayed and activated on your browser. These cookies do not include personal information. DoubleClick cookies merely allow Google and its partner websites to display advertisements on the basis of previous visits to our website or other Internet pages. The information generated by the cookie is generally transmitted to a Google server in the USA where it is saved. Google adheres to the privacy regulations of the International Safe Harbor Privacy Principles and is registered with the Safe Harbor program of the US Department of Commerce. Google will only provide data to third parties on the basis of applicable legal regulations or processing agreements. Under no circumstances will Google merge your data with your personal data saved by Google.

You may disable cookies through your browser settings. However, please note that doing so may prevent you from using every function of this website. Furthermore, you may object to and prevent the collection of the data on your website use generated by the cookie and to the processing of your data by Google by downloading and installing the browser plugin under "Double-Click Deactivation Extension” from the following link where you can also find Google's privacy protection notices.

b) Usemax

In addition we use Critereo SA to collect data for usage-based online advertisements. This service provider collects information on activities on our website (e.g. surfing behavior, pages visited, etc.) which is summarized through anonymous usage profiles. These profiles are used to display usage-based advertisements. This service uses so-called cookies, i.e., text files saved on your computer that allow your use of our website to be analyzed. Usage data is saved using pseudonyms to prevent personal identification. Although your computer's IP address will be transmitted for technical reasons, it will not be saved or used for targeted advertisement displays.

You can prevent your data from being used and an anonymous usage profile from being created by clicking on the following opt-out links and can block the collection of your data by activating an opt out cookies.

You can prevent the collection of data generated by the cookie about your website use by the above-stated service by disabling third-party cookies in your browser settings. However, please note that doing so may prevent you from using every function of this website. You may also delete any saved cookies at any time. However, please note that you may have to reset the opt-out cookies created by the opt-out link if you delete all cookies from your browser.

Please see the following links for the privacy policy of the above-stated service provider Criteo SA.

Privacy policy: https://www.criteo.com/de/privacy/ Opt-out link: https://www.criteo.com/de/privacy/ (under "User Choices")

Another option for disabling cookies is provided by the Präferenzmanager of the the Bundesverband Digitale Wirtschaft (BVDW) e.V. (in German) at: http://www.meine-cookies.org/cookies_verwalten/praeferenzmanager-beta.html and by the Internet platform Your Online Choices at: www.youronlinechoices.com/de.

c) Voucher Offers of the Sovendus GmbH

To find voucher offers that may currently be of interest to you, we will transfer the hash value of your email address and your IP address to the Sovendus GmbH, Moltkestr. 11, 76133 Karlsruhe, Germany, (Sovendus) in an anonymous and encrypted form (Art. 6(1) letter f of the General Data Protection Regulation). The anonymous hash value of your email address is used for any objection to advertisements of Sovendus (Art. 21(3) and Art. 6(1) letter c of the General Data Protection Regulation). Your IP address will only be used by Sovendus for data security purposes and will generally be anonymized after seven days (Art. 6(1) letter f of the General Data Protection Regulation). In addition, we will transmit your order number, order value and currency, session ID, voucher code and timestamp to Sovendus in an anonymous form for billing purposes (Art. 6(1) letter f of the General Data Protection Regulation). If you are interested in a voucher offer of Sovendus and no objections are present for your email address and if you click on the displayed voucher banner, we will transmit your title, name and email address to Sovendus in encrypted form to prepare the voucher (Art. 6(1) letters b & f of the General Data Protection Regulation). Please see Sovendus' Data Protection for more information about Sovendus' processing of your data: www.sovendus.de/datenschutz.

14. Use of Google Maps

The website of the FALKE KGaA uses Google Maps (API) of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Maps is a web service that provides interactive maps to visually display geographic information. When opening the respective sub-pages on which the maps provided by Google Maps are embedded, information on the use of the website of the FALKE KGaA (e.g., your IP address) will be transmitted to a Google server in the USA where it will be saved. Google may transfer this information to third parties if required by law or if these third parties process data on Google's behalf. Google will not merge your IP address with other Google data. Nonetheless, it may be technically possible for Google to use the user data obtained when using Google Maps to identify the user and create user personality profiles or to process and use this data for external purposes which the FALKE KGaA cannot influence. Google's terms of service can be found (in German) at http://www.google.de/intl/de/policies/terms/regional.html Google's additional terms of service can be found at https://www.google.com/intl/de_US/help/terms_maps.html Please see Google's privacy policy for extensive information on data protection when using Google Maps: http://www.google.de/intl/de/policies/privacy/ If you object to future transfers of this data to Google through Google Maps, you can block Google Maps completely by disabling JavaScript in your browser. Google Maps and the maps displayed on the website of the FALKE KGaA can then no longer be used.

15. Protection of Minors

Persons who have not yet reached the age of 16 may not provide personal data to the FALKE KGaA without the permission of a parent or legal guardian. Persons who have not yet reached the age of 16 may only provide personal data to the FALKE KGaA with the express permission of their parent or legal guardian or after they have reached the age of 16. Such data will be processed in accordance with this Privacy Policy.

16. Data Subject Rights

If your personal data is processed, you are a data subject in the sense of the General Data Protection Regulation and are entitled to the following rights against the controller:

a) Right to Information

You may demand confirmation from the controller about whether your personal data is processed by us. If we process your personal data, you have the right to demand the following information from the controller:


  • The purposes for which the personal data is processed;
  • The categories of personal data being processed;
  • The recipients or the categories of recipients to whom the personal data was or will be disclosed;
  • The planned duration of the storage of your personal data or, if this cannot be stated exactly, the criteria for determining the storage duration;
  • Your entitlement to a right to correction or deletion of your personal data, the right to limit processing by the controller and the right to object to this processing;
  • Your entitlement to a right to submit complaints to supervisory authorities;
  • All available information about the origin of the data if the personal data is not collected from the data subject;
  • The presence of automated decision-making, including profiling, under Art. 22(1 & 4) of the General Data Protection Regulation and—at least in these cases—meaningful information about the logic involved and the extent and desired implications of such processing for the data subject.

You have the right to demand information about whether your personal data is transferred to a third country or to an international organization. You may also demand to be informed about appropriate safeguards for such transmissions under Art. 46 of the General Data Protection Regulation.

b) Right to Correction

You are entitled to the right to correction and/or completion by the controller if your personal data is incorrect or incomplete. The controller must provide rectification without delay.

c) Right to Limit Processing

You may demand the limitation of the processing of your personal data under the following conditions:


  • If you contest the accuracy of the personal data saved on you for a period that allows the controller to review its accuracy;
  • Processing is unlawful and you refuse to have your personal data deleted and demand that its use be limited instead;
  • The controller no longer requires your personal data for the processing purposes, but you need your personal data to assert, exercise or defend legal claims or
  • If you submitted an object to the processing in accordance with Art. 21(1) of the General Data Protection Regulation and whether the legitimate reasons of the controller outweigh your reasons has not yet been determined.

If the processing of your data is limited, your data may only be processed with your consent for the assertion, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons in the public interest of the European Union or of one of its member states. If processing was limited in accordance with the above-stated requirements, you will be notified by the controller before the limitation is lifted.

d) Right to Deletion


a) Deletion Obligation

You may demand that the controller delete your personal data without delay and the controller is required to delete your personal data without delay if:


  • Your personal data is no longer needed for the purposes for which it was collected or otherwise processed.
  • You revoke your consent to the processing in accordance with. Art. 6(1) letter a or Art. 9(2) letter a of the General Data Protection Regulation and there is no other legal basis for the processing.
  • You submit an objection to the processing in accordance with Art. 21(1) of the General Data Protection Regulation and there are no other legitimate reasons for processing, or you submit an objection for the processing in accordance with Art. 21(2) of the General Data Protection Regulation.
  • Your personal data is processed unlawfully.
  • Your personal data must be deleted to fulfill legal requirements under EU law or under the law of the member state of the controller.
  • Your personal data was collected for information society services under Art. 8(1) of the General Data Protection Regulation.

b) Notifying Third Parties

If the controller made your personal data publicly available and is required to delete them under Art. 17(1) of the General Data Protection Regulation, the controller must take appropriate, including technical, measures in consideration of the available technology and implementation costs to notify the controllers who process the personal data that you as the data subject has requested the deletion and the deletion of any links to your personal data or to copies or replicas thereof.


c) Exceptions

The right to deletion shall not apply if processing is required for
  • Exercising the right to free speech and information;
  • Fulfilling legal requirements under EU law or of the law of the controller's member state or to perform a task that is in the public interest or to exert public authority granted to the controller;
  • Reasons of public interest that fall under public health under Art. 9(2) letters h & i and Art. 9(3) of the General Data Protection Regulation;
  • Archiving, scientific or historical research purposes in the public interest or for statistical purposes under Art. 89(1) of the General Data Protection Regulation if the right under letter a) is likely to prevent or significantly impair the achievement of the aims of the processing or
  • The assertion, exercise or defense of legal claims.

e) Right to Notification

If you exercised your right to correction, deletion or limitation of processing against the controller, the controller must notify all recipients to whom your personal data was disclosed about the correction or deletion of your data or limitation of its processing, unless doing so is not possible or requires disproportionate expenditure.You are entitled to the right to be informed about who the recipients are by the controller.

f) Right to Data Portability

You have the right to receive the personal data you provided to the controller in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without being hindered by the controller to whom you provided your personal data if


  • The processing is based on consent under Art. 6(1) letter a of the General Data Protection Regulation or Art. 9(2) letter a of the General Data Protection Regulation or on an agreement under Art. 6(1) letter b of the General Data Protection Regulation and if
  • The processing is performed using automated procedures.

When exercising this right, you also have the right to demand that your personal data be transferred directly from one controller to another controller if technically possible. Freedoms and rights of other persons may not be impaired thereby. The right to data portability does not apply to the processing of personal data required for the fulfillment of tasks that are in the public interest or to exert public authority granted to the controller.

g) Right to Object

You have the right to object to the processing of your personal data under Art. 6(1) letter e or f of the General Data Protection Regulation at any time; this also applies to the profiling based on these regulations.
The controller will then stop processing your personal data, unless he can demonstrate legitimate reasons for the processing that outweigh your rights and freedoms or if the processing is performed to assert, exercise or defend legal claims.
If your personal data is processed for direct advertising purposes, you may object to the processing of your personal data for such advertising purposes at any time; this also applies to profiling if performed in relation to direct advertising.
If you object to the processing for direct advertising purposes, your personal data will no longer be processed for such purposes.
You may—irrespective of Directive 2002/58/EC—submit your objections to use of information society services through automated procedures that use technical specifications.

h) Right to Revocation of Declarations of Consent for Privacy Law Matters

You have the right to revoke any declarations of consent you issued for privacy law matters. However, revoking your consent will not affect the legitimacy of any processing performed with your consent prior to its revocation.

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i) Automated Decision-Making in Individual Cases, Including Profiling

You have the right to not be subjected to decisions based exclusively on automated processing—including profiling—that are legally binding for you or that significantly impair you otherwise. However, this does not apply to decisions that are

  • Required for the conclusion or fulfillment of a contract between you and the controller,
  • Permissible under the legal regulations of the European Union or of the member state of the controller and if these legal regulations include appropriate measures for the protection of your rights, freedoms and legitimate interests or are
  • Made with your express consent.

However, these decisions may not be based on special categories of personal data under Art. 9(1) of the General Data Protection Regulation, unless Art. 9(2) letter a or g of the General Data Protection Regulation applies and appropriate measures are taken to protect your rights, freedoms and legitimate interests. For the cases in (1) and (3), the controller must implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, express your point of view and contest the decision.

j) Right to Submit Complaints to Supervisory Authorities

Irrespective of any other administrative or judicial remedy, you have the right to submit a complaint to the supervisory authorities, particularly in the member state of your habitual residence, place of work or place of the alleged infringement if you believe that the processing of your personal data violates the General Data Protection Regulation. The supervisory authorities to whom the complaint has been submitted to will inform the complainant on the progress and the outcome of the complaint, including the possibility of judicial remedies under Art. 78 of the General Data Protection Regulation.

17. Public Processing Directory

In addition, information on the purposes of data collection, processing and use, etc., can be found here in our public directory of processing activities.

18. Privacy Policy Notice

Unless regulated otherwise, use of all information we collect on you through your customer account is subject to this Privacy Policy.
The FALKE KGaA reserves the right to regularly update this Privacy Policy in accordance with technological advances. Any changes will be announced here.
Valid: May 2018

19. Further Notices

The FALKE KGaA undertakes to store your personal data by using all technical and organizational means so that it cannot be accessed by third parties. In addition, employees of the FALKE KGaA and any commissioned service providers are required to maintain confidentiality and adhere to any applicable data protection regulations.

20. Responsible Body Under the Data Protection Acts

FALKE KGaA
Oststraße 5
D-57392 Schmallenberg
Germany
Telephone: 00800 - 22 033 022
E-Mail: online@Burlington.de

Company Data Protection Officer:
Günther Rams
E-Mail: datenschutz@FALKE.com

Date: May 2018


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