§ 1 – Provider, Inclusion of these Terms

(1) The provider and contractual partner for the goods offered in our online shop “https://bovii.de/” is curio studio GmbH, Oranienstr. 58a, 10969 Berlin, Germany, phone +49 30 92108796, e-mail ciao@curio-studio.com (hereinafter “Provider”).

(2) These General Terms and Conditions form part of every contractual agreement between the Provider and the respective customer. Any conflicting terms and conditions of the customer are hereby rejected.

§ 2 – Product Range and Conclusion of Contract

(1) The Provider offers the goods presented in this online shop for sale. The colors of the goods shown on the website may vary slightly depending on the customer’s internet browser and monitor settings; such deviations cannot be entirely avoided for technical reasons. Product selection, conclusion of the contract and processing of the contract take place in German.

(2) For the goods presented in the shop, the Provider makes a binding offer of sale. The customer accepts this offer by submitting the order via the “buy now” button. The Provider confirms the conclusion of the contract by e-mail (order confirmation).

(3) Before accepting the offer, the customer is shown an overview of the data entered for the order, including the essential characteristics of the goods. At this point, the customer can check the data for input errors and, if necessary, go back one or more steps in the ordering process to correct the data or cancel the order altogether.

(4) After conclusion of the contract, the Provider sends the customer the content of the contract (contract text) by e-mail. The Provider also stores the contract text in its electronic data processing system. As the customer has no access to it, the customer should keep the e-mail containing the contract text in their own interest.

§ 3 – Prices and Payment

(1) All prices are total prices plus shipping costs. They include statutory value added tax.

(2) Information on shipping costs can be found in the respective product description.

(3) The customer can pay using the following payment methods: PayPal, Klarna, Shop Pay, Mastercard, Visa, American Express, UnionPay, Google Pay.

(4) For orders paid in advance, payment is due within one week of receipt of the order confirmation. The Provider reserves the ordered goods for the customer during this period. The Provider reserves the right to withdraw from the contract and sell the goods elsewhere if payment is not received in time.

§ 4 – Shipping and Delivery Time

(1) Information on delivery times can be found in the respective product description. Delivery times stated in days refer to the period from the customer’s payment to delivery.

(2) Several items ordered at the same time are delivered in a single shipment; the delivery time of the item with the longest delivery time applies to the entire shipment. If the customer wishes to receive a particular item with a shorter delivery time in advance, this item must be ordered separately.

(3) If a delivery fails because the customer has provided an incorrect or incomplete delivery address, a further delivery attempt will only be made if the customer bears the direct costs of the re-delivery.

§ 5 – Consumer Right of Withdrawal

(1) Customers who purchase as consumers have a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(2) If the right of withdrawal is exercised, the Provider bears the costs of returning the goods.

(3) Consumers whose habitual residence is outside Germany are granted a right of withdrawal in accordance with the requirements and legal consequences of German law, even if the consumer’s national law does not provide for a right of withdrawal or makes it subject to a shorter period or stricter form than German law.

§ 6 – Warranty (Liability for Defects)

The customer has statutory warranty rights (liability for defects).

§ 7 – Out-of-Court Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 8 – Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers whose habitual residence is outside Germany, however, German law does not apply insofar as the consumer’s national law contains mandatory provisions from which deviation to the consumer’s detriment is not permitted.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.

(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

Below we inform you about the nature, scope and purpose of the processing of your personal data when you use our shop at “https://bovii.de/”. Personal data is any information relating to an identified or identifiable natural person.

1. Controller

The controller within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed in this shop is: curio studio GmbH, Oranienstr. 58a, 10969 Berlin, Germany, phone +49 30 92108796, e-mail ciao@curio-studio.com (hereinafter “we”).

2. When you visit our website

When you visit our website, our server collects the following information from your device: browser type and version, operating system, the previously visited website (“referrer”), IP address and time of access.

We collect and process this data to ensure the smooth operation of our website and to detect, prevent and prosecute misuse of our services. We also use the data for statistical purposes, for example to evaluate which devices and browsers are used to access our shop, so that we can continuously adapt and improve our offering to our users’ needs. This processing is based on Art. 6(1)(f) GDPR.

We delete all of the above personal data no later than twelve months after collection.

3. When you place an order

When you place an order in our shop, we process your name, delivery address and e-mail address as provided by you during the ordering process. If you voluntarily provide further data with your order (e.g. a different billing address or a phone number), we also process this data.

We process this data electronically for the proper performance of the contract, in particular for delivery, invoicing, payment processing and handling returns and complaints. If we are obliged to provide you with updates for a digital product or goods with digital elements, we also process your contact details for this purpose. This processing is based on Art. 6(1)(b) GDPR.

We store this data until all mutual claims arising from the respective contractual relationship have been fully settled and the retention periods under commercial and tax law to which we are subject have expired.

To conclude a contract with us, we need your name, delivery address and e-mail address. The obligation to provide this data results from statutory provisions (e.g. Section 312i(1) no. 3 German Civil Code (BGB), Section 14(4) German VAT Act (UStG)). Without this data, you cannot conclude a contract with us.

We do not use automated decision-making or profiling when deciding whether to conclude a contract.

4. Delivery and payment

Where we send physical goods under the purchase contract, we transmit the recipient’s name and address and, if you have consented, your e-mail address to Deutsche Post (Deutsche Post AG, 53113 Bonn, Germany) or DHL (DHL Paket GmbH, 53113 Bonn, Germany) as shipping service providers for the purpose of delivering the shipment, including, where applicable, an advance e-mail notification of the expected delivery time, and for the purpose of any return of your shipment to us, on the basis of Art. 6(1)(b) GDPR.

To process the payment for your purchase, the payment service provider you have chosen collects and processes your name, e-mail address, card or account number and/or other data, as required for the chosen payment method. The contractual and data protection provisions of the payment service provider you have chosen also apply.

When we receive a payment, we process the data transmitted to us by the payment service provider.

This processing is based on Art. 6(1)(b) GDPR. We store this data until all mutual claims arising from the respective contractual relationship have been fully settled and the retention periods under commercial and tax law to which we are subject have expired.

5. Processors

To operate our website, we use the technical services of Shopify (Shopify International Limited, Dublin 4, D04 XN32, Ireland) as a processor pursuant to Art. 28 GDPR.

6. Contacting us

If you use the contact form on our website, we process the data you enter in the form, in particular your name, e-mail address and message.

If you send us a message by e-mail, we store your message together with the sender data transmitted with it (name, e-mail address and, where applicable, further information added by your e-mail program and the transmitting servers). To receive, store and send e-mails, we use the services of united-domains (united-domains AG, Gautinger Straße 10, 82319 Starnberg, Germany) as a processor pursuant to Art. 28 GDPR.

The legal basis for this processing is our legitimate interest in answering your message and being able to respond to any follow-up questions (Art. 6(1)(f) GDPR). We delete the data collected with your message no later than twelve months after our last communication with you regarding your request, subject to the provisions of the following paragraph.

If you send us a legally relevant declaration concerning the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for processing, regardless of how it is transmitted, is Art. 6(1)(b) GDPR. If you use the online withdrawal function, we process the data entered in the online withdrawal form in order to process your notice of withdrawal; here, too, the legal basis is Art. 6(1)(b) GDPR. In these cases, we delete the data relating to your declaration once all mutual claims arising from the contractual relationship have been finally settled and the retention periods under commercial and tax law have expired.

7. Newsletter

If you have subscribed to our newsletter, we will inform you by e-mail about new offers and features of our shop. You will receive no more than one newsletter per week. You can object to the use of your e-mail address for advertising purposes at any time without giving reasons and without incurring any costs other than the transmission costs at the basic rates.

This processing is based on your consent pursuant to Art. 6(1)(a) GDPR. If you withdraw your consent to the use of your e-mail address for advertising purposes, we will remove your e-mail address from our newsletter mailing list.

As technical service provider for sending our newsletter, we use the services of Shopify New York City (processor pursuant to Art. 28 GDPR).

8. Comments and reviews

If you write a comment or review on one of our products in our shop, we publish your contribution in the relevant place on our shop website together with your user name, for which you may also use a pseudonym. To prevent misuse of our services, we store the IP address of the device from which you write for a period of twelve months (Art. 6(1)(f) GDPR). We reserve the right to delete inappropriate or off-topic contributions at any time. Otherwise, we only delete published contributions at the request of the respective author.

9a. Facebook Pixel, Custom Audiences, Conversion Tracking

On our website we use the “Facebook Pixel” service provided by Facebook (Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, or, if you are resident in the USA or Canada, Meta Platforms Inc., 1 Hacker Way, Menlo Park, CA 94025, USA). This technology allows us to define visitors to our website as a target group (“Custom Audience”) for advertisements delivered by Facebook (“Facebook Ads”). For this purpose, we use an invisible graphic file integrated into our website to analyze your user behavior and derive products or topics you are interested in. With the Facebook Pixel, we can also measure the effectiveness of Facebook Ads, i.e. whether and how you respond to one of our ads (“Conversion Tracking”).

This processing is based on Art. 6(1)(f) GDPR, namely our legitimate interest in advertising our offers primarily to groups of people who are likely to be interested in our products and in analyzing the effectiveness of the online advertising we use.

9b. Google Ads, Conversion Tracking, Enhanced Conversions

On our website we use services of Google Ads, an advertising service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (or, if you are resident in the USA or Canada, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Ads uses cookies or similar technologies to evaluate the use of our website and to compile reports on advertising activities for us (“Conversion Tracking”).

We also use the “Enhanced Conversions” feature. Here, we transmit certain data you provide when placing an order or contacting us (e.g. your e-mail address) to Google in encrypted (hashed) form that cannot be read in plain text, so that purchases and other conversions can be attributed more precisely to previous ad clicks. Google cannot readily re-identify you from the hashed data alone.

This processing is based on Art. 6(1)(f) GDPR, namely our legitimate interest in measuring and optimizing the effectiveness of our advertising.

Further information on data processing and privacy at Google Ads can be found in Google’s privacy policy: https://policies.google.com/privacy. You can object to collection by Google Ads by adjusting the cookie settings in your browser accordingly or by using the deactivation page provided by Google at https://adssettings.google.com.

10. Your rights

With regard to the personal data we process about you, you have the following rights:

You have the right to obtain confirmation from us as to whether we process personal data concerning you. If so, we will provide you with the personal data stored about you and the further information pursuant to Art. 15(1) and (2) GDPR.

You have the right to have inaccurate personal data concerning you rectified without undue delay. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by means of a supplementary statement.

You can request that we erase personal data concerning you without undue delay under the conditions of Art. 17(1) GDPR, unless processing is necessary pursuant to Art. 17(3) GDPR.

You can request that we restrict the processing of your data if one of the conditions of Art. 18(1) GDPR applies. In particular, you can request restriction instead of erasure.

We will communicate any rectification or erasure of your personal data or restriction of processing to each recipient to whom we have disclosed personal data concerning you, unless this proves impossible or involves disproportionate effort. We will inform you about these recipients if you request it.

You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and to request that we transmit this data to another controller without hindrance, where technically feasible.

Where processing is based on your consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

RIGHT TO OBJECT: YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU; this right to object applies to processing based on Art. 6(1)(f) GDPR for the purposes of our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms which require protection of personal data override them. If you exercise your right to object, we will no longer process the data concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

WHERE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.

If you consider that the processing of your personal data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This is without prejudice to any other administrative or judicial remedy.

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (curio studio GmbH, Oranienstr. 58a, 10969 Berlin, Germany, phone +49 30 92108796, e-mail ciao@curio-studio.com or hallo@bovii.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory.

You can also exercise your right of withdrawal online via the link “Withdraw from contract” in the footer of our online shop. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by e-mail) without delay, including information on the content of your notice of withdrawal and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Model withdrawal form

(If you want to withdraw from the contract, please send us an e-mail as follows)

• To: curio studio GmbH, Oranienstr. 58a, 10969 Berlin, Germany, e-mail ciao@curio-studio.com
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
• Ordered on (*) / received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.