TERMS AND CONDITIONS [04.2020]

 1 TERMS AND CONDITIONS 

1.1 General Information

The following terms and conditions (the "Terms and Conditions") shall apply between you and Ashes and Soil GmbH (commercial register number: HRB 156521) (hereinafter, “ASHES AND SOIL” or “we’’) and shall apply to any use of and orders placed through the ASHES AND SOIL (ashesandsoil.com/en) website and to any orders placed by telephone, email or live chat with the ASHES AND SOIL customer service team (the "website"). Please note that ASHES AND SOIL does not guarantee that all products displayed on the website are in stock or available for purchase. ASHES AND SOIL reserves the right to discontinue the sale of any product.

Orders may only be placed by persons 18 years of age or older. 

ASHES AND SOIL reserves the right to change these Terms and Conditions at any time. The date of the last update can be found in the last section of the Terms and Conditions. Each purchase is subject to the Terms and Conditions in the version valid at the time of placing an order. Please inform yourself about the valid Terms and Conditions before placing an order.

Please note that the Terms and Conditions applicable to your order are always those that you have read and accepted before placing your order, and not a later version. You should keep a copy of these General Terms and Conditions for future use.

1.2 Language

The language of these General Terms and Conditions is German. This contract is also available in English. If there is a conflict between the translation and the German version, the German version shall prevail.

1.3 Placing an order

By using the website and/or placing an order on the website, by telephone, email or live chat, you acknowledge that you have read and agreed to these Terms and Conditions and the Privacy Policy. Please make sure that you have read and understood the Terms and Conditions before placing an order. An order can only be placed if you have previously confirmed that you accept these Terms and Conditions.

Before you place an order, you have the opportunity to check your selection, the data you have entered and the total price of your order and to correct any input errors. Please note that products in your shopping cart are not reserved and may be purchased by other buyers until you have completed the checkout process and received an order confirmation email.

If continued inactivity interrupts your connection to the website, your product selection may be lost. In this case, you will need to re-submit your product selection to the shopping cart. 

1.4 Order confirmation

After placing your order, we will send you an order confirmation email with your order number, details of the product(s) you have ordered from us, your payment information and shipping details. Please note that the confirmation email is a confirmation that we have received your order and does not constitute acceptance of the order. 

1.5 Acceptance and shipping confirmation/dispatch confirmation

Please note that all orders placed by you require acceptance by us. We may, at our discretion, refuse your order for any reason whatsoever without liability to you. Once your order has been processed, you will receive a shipping confirmation email with all relevant information regarding your order. The shipping confirmation is our acceptance of your order.

Please note that ASHES AND SOIL does not guarantee that all products displayed on the website will be in stock at the time of your order. If a product is unavailable, we will contact you by telephone or email as soon as possible. If we have already received payment for such a product, we will refund you the full purchase price. 

1.6 Colours

ASHES AND SOIL always aims to describe and display products on the website as accurately as possible. However, please note that due to the colour settings of your computer or device, the colours of the products shown in the photos on the website may appear slightly different from the product you receive. ASHES AND SOIL cannot be held responsible for any such deviation. 

1.7 Prices

The prices and shipping costs displayed on the website include value added tax. The prices and shipping costs displayed on the website may change from time to time and ASHES AND SOIL is not bound by prices until ASHES AND SOIL has accepted an order by sending you a shipping confirmation.

If you have placed an order and the price changes before we have accepted your order (by sending you a shipping confirmation), we will notify you of the price change by email. We will give you the option of placing a new order at the new price or to cancel the old order. If we are unable to contact you, your order will be cancelled. ASHES AND SOIL always reserves the right to cancel any order before our acceptance of the order. If we have already received payment for a cancelled order, we will refund the full purchase price.

Please also note that ASHES AND SOIL reserves the right to cancel an order at any time, even if ASHES AND SOIL has accepted it; if you are aware or should have been aware that the price quotations were not correct.

Shipment costs are displayed during the checkout process in conjunction with the shipping methods.

1.8 Payments

We accept the following payment methods:

Credit and debit cards

Payments can be made with the following credit cards: Visa, Mastercard and American Express. 

Payments can also be made with the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to ensure that your credit card is valid for online purchases). 

Purchases made with Visa and Mastercard are verified by a secure code.

Please note that your card will be charged with the purchase price as soon as your order has been placed. You confirm that the credit/debit card used belongs to you or that you have been expressly authorized by the credit/debit card owner to use that card. All cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ASHES AND SOIL, your order will be cancelled.

We are not responsible for any fees or penalties imposed by the payment service provider as a result of processing your order. 

Online Banking

- We use the payment provider Klarna as a service provider. Payments are made by direct online transfer from your bank account. 

Paypal

If you select the PayPal option, you will be redirected to the PayPal page to "Log In", to check the amount you have entered before clicking on "Pay now". Once this transaction is complete, you will be redirected back to the website.

Invoice

Payment are made by invoice. You have 14 days from invoice date to pay your bill. You only pay when you receive the goods. You can relax while shopping, complete your order and check the products before payment. We use the payment provider Klarna as a service provider.

Apple Pay

Apple Pay is a payment system from the US company Apple for in-house mobile devices. Apple Pay enables payments via iPhone or Apple Watch using the wallet function. 

 

1.9 Delivery

Shipping methods

We offer several shipping methods to meet your needs; these shipping methods are explained in more detail at checkout. Orders can take up to 7  days to ship, but we strive to ship all orders within 24 hours on weekdays (or 1-2 working days during sales hours). Delivery times do not take into account possible delays caused by payment authorization or delays caused by the shipping company. If ASHES AND SOIL does not deliver within 30 days, you have the right to cancel the purchase. Exceptions are made for custom-made products and orders that are only produced after the order has been placed. These are labelled as such on the website. Your order will be delivered by UPS or DHL to the shipping address you have specified.

Guidelines for first-time orders

For security reasons, ASHES AND SOIL reserves the right to ship initial orders to the cardholder's verified billing address or business address. To avoid delays in receiving your order, please ensure that you provide the correct billing and shipping address associated with your credit or debit card when placing an order.

1.10 Cancellation policy

Right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us via contact@ashesandsoil.com by means of a clear statement (e.g. a letter, fax or email) of your decision to withdraw from this contract.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 14 days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event within 14 days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been regarded if you send the goods before expiry of the 14-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for loss of value of the goods, if the goods have been devalued due to excessive handling on your part that is not necessary for testing the condition, properties and functionality of the goods. 

Exchange

Purchased products can be exchanged for another size or colour according to the regulations. Any exchange is subject to the availability of the goods. If you have exchanged a product, ASHES AND SOIL will pay the shipping costs for the new product.

Please note that reduced items cannot be exchanged; however, it is possible to return them for a full refund. 

Shipping costs for returns

Please note that you pay the shipping costs for the return ASHES AND SOIL is not obliged to bear these costs. 

1.11 Faulty products

If you receive a faulty product, please contact us immediately. The statutory warranty for faulty product applies. However, you are always obliged to notify ASHES AND SOIL within two weeks after you have discovered that the product has a fault. If ASHES AND SOIL believes that the products are faulty, ASHES AND SOIL will make a full refund including shipping costs. Other rights available to you remain unaffected.

An additional warranty for ASHES AND SOIL products exist only if expressly stated in the shipping confirmation. 

1.12 Copyright permission

Copyright in the documents contained on this site (including but not limited to the trademarks of ASHES AND SOIL graphics, text, photographs, designs, logos, icons, images, data and software) are owned or licensed by ASHES AND SOIL and its affiliates. You are permitted to use this material solely for personal, non-commercial purposes. You may download, print and retain copies of this material for your own personal, non-commercial use, provided that this copyright permission is referenced on all such copies. You may not charge anyone for use of the material and you may not publish, reproduce or otherwise distribute the material to any third party without the prior permission of ASHES AND SOIL. You may not modify the material in any way without the prior written permission of the copyright owner. Except expressly stated in this Legal Notice, no rights or licenses are granted or implied in the material or any portion thereof.

For press inquiries, please refer to personal inquiries via agyapong@ashesandsoil.com

 

1.13 Trademarks

The trademarks of ASHES AND SOIL include without limitation the name and logo of ASHES AND SOIL. 

Please note that your use of this website does not grant you any right to use our trademarks.  

1.14 Information on the website

ASHES AND SOIL cannot promise that the content of the website is free from errors or spelling mistakes. Nor can we guarantee that all data is up-to-date. ASHES AND SOIL may change the content of the website at any time. Although ASHES AND SOIL makes every effort to display correct text, images and price information on the website and online shop, errors may occur.

ASHES AND SOIL cannot be held responsible for any damage resulting from the use of the website or the impossibility of using the website. ASHES AND SOIL cannot guarantee that access to the website will be free from problems and interruptions or that access to it will be secure. 

1.15 Links

The website may contain links to other websites outside our sphere of influence. We are not responsible for the content or privacy practices of these websites.

1.16 Breach of regulations 

ASHES AND SOIL reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to the website.  

1.17 Liability

The liability of ASHES AND SOIL for damages is excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. 

Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose fulfilment the contractual partner can justifiably rely. In the event of a breach of essential contractual obligations, ASHES AND SOIL shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health. The above limitations shall also apply in favour of the legal representatives and vicarious agents of ASHES AND SOIL if claims are made directly against them. The provisions of the Product Liability Act shall remain unaffected.

ASHES AND SOIL shall not be liable in case of force majeure, such as war, civil war, revolution, riots, acts of authorities, strike, lockouts, blockades, failure of electricity, telephone lines or internet services, natural disasters or similar events.

In case of force majeure, the obligations of ASHES AND SOIL will be suspended. In such cases, the contract between you and ASHES AND SOIL may be terminated in whole or in part by you or ASHES AND SOIL. 

1.18 Severability clause 

To the extent that any part of these Terms and Conditions are deemed invalid or unenforceable, the remaining provisions of these Terms and Conditions shall not be affected. The invalid provision shall be replaced by another provision which will help to make the economic intentions of these General Terms and Conditions effective. 

1.19 Applicable law 

These General Terms and Conditions are subject to German law (excluding the UN Convention on Contracts for the International Sale of Goods - CISG). The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is Hamburg. 

1.20  Company Information

Ashes and Soil GmbH (Reg. No. HRB 156521)

Kleine Reichenstraße 1

20457 Hamburg 

Germany

Email address: contact@ashesandsoil.com

Vat number: DE324576094

 

1.21 Version of the General Terms and Conditions

These General Terms and Conditions of ASHES AND SOIL were last updated in November 2019. If there is any conflict, ambiguity or discrepancy between the German version and a version in another language, the German version shall always prevail.

  

 2 GUIDELINES FOR MEMBERS

2.1 Membership requirements

The membership is not transferable to other persons and is made with your email address when you register on our website. You must be at least 16 years old. The membership is free of charge.

The provider of the membership is the German company Ashes and Soil GmbH with the registration number HRB 156521.

2.2 Services and advantages for members

After you have registered for membership, you can benefit from the following services:

Invitations to special events and offers: Receive information about our special events and offers via email, your social media account or other messenger services.

Pre-Launch Updates: You will receive exclusive insights into new products, collections and concepts that are being implemented prior to official product releases.

Profile-based marketing: We offer you profile-based marketing offers, tailored to your previous purchases at our store and information about your clothing/purchasing preferences.

Purchase history: You can log into your customer account and view all your purchases.

 

2.4 Shipment cancellation

If you no longer wish to receive our newsletter or other mailings, you may unsubscribe at any time by logging into your account or using the unsubscribe link at the bottom of the email. 

2.5 Validity and termination of membership

Your membership is valid until further notice. However, if you do not make any purchases from us for a period of 36 consecutive months, your membership will automatically be cancelled and your personal information will be deleted in accordance with our privacy policy. You may cancel your membership at any time by contacting contact@ashesandsoil.com.  ASHES AND SOIL reserves the right to cancel your membership if it suspects abuse of the membership. 

2.6 Changes to the terms and conditions

We will notify you 30 days in advance of any changes to these terms by posting a notice on our website or by sending you an email (to the email address used for your account). If you do not object to these changes within the 30-day notice period, they will take effect. If required by the data protection law in effcect, we will also seek your consent in the event of material changes in the way we use your personal information.

2.7 Contact

Ashes and Soil GmbH

Kleine Reichenstraße 1

20457 Hamburg 

Germany 

E-Mail: contact@ashesandsoil.com

 

3 PRIVACY POLICY

ASHES AND SOIL is aware of the importance of protecting your personal data. Below you will find a summary of the categories of data processed by us, the purposes of processing these and the legal basis for data processing.

3.1 Data collected when shopping in our web store or when using our online services

3.1.1 Contact details: When you make an online purchase, we collect your name, address, email address, telephone number, country of residence, date of birth, title (Ms/Mr or other title) and contact information for your social media accounts. Not all information is mandatory to provide when making a purchase. We have marked the mandatory information with the symbol (*) on our website. We use your contact information to (i) process your order and all returns, exchanges and complaints regarding your purchase and (ii) contact you regarding your purchase and to respond to and process any questions or comments you may have about our products or services. The processing of your data is necessary to fulfil our contractual obligations to you under the purchase agreement. Your data shall not be kept longer than is necessary for the purposes listed in this policy.

If you have made an online purchase, we also use your contact details to inform you about special offers or promotions via email or messenger services. The legal basis is our legitimate interest in marketing our products to existing customers. For direct marketing purposes, we may use your contact information for up to 12 months after your last purchase, subject to your continued right to opt-out. You may opt-out of receiving such communications at any time by clicking on the opt-out link included in each communication or by contacting Customer Service at contact@ashesandsoil.com.

3.1.2 Credit card data: If you make an online purchase and decide to pay by credit card, you will need to provide us with your credit card information to complete the purchase. Your credit card data is secured by means of encryption. The processing of your data is necessary in order for us to fulfil our contractual obligations to you under the purchase agreement. Your data shall not be kept longer than is necessary for the purposes listed in this policy.

3.1.3 Purchases and returns: If you have registered for an account, we store information regarding your online purchases and returns. This information includes product information, size, price and date of purchase. We will also store information regarding recently viewed items. By logging in to your personal account, you can keep track of your purchases, returns and recently viewed items. We process the above data based on our legitimate interest in providing the service of a personal account for which you have registered. You can log out at any time via your account settings. We also store information about your previous purchases and returns within 12 months of purchase in order to manage returns and/or complaints. Our aim is to offer our customers a fast and efficient after-sales service, based on our legitimate interest on a legal basis.

3.1.4 National ID card number: If you choose to pay by invoice, you may be required to provide your ID card number. This number will be transmitted directly to our payment service provider and will only be made available to that provider. Your identity card number will be used by our payment service provider to obtain credit information and to process your payment. The legal basis is the necessity of the processing for us in order to ensure an exact identification of our customers for invoicing purposes and to fulfil our contractual obligations to you under the sales contract. Your data shall not be kept longer than is necessary for the purposes listed in this policy. 

3.2 Members

You may register for ASHES AND SOIL membership by subscribing to the services of ASHES AND SOIL in accordance with the existing membership Terms and Conditions. Membership is completely voluntary and registration for membership is not a requirement for purchasing goods from ASHES AND SOIL. If you wish to become a member, you will enter into a binding contract with ASHES AND SOIL based on the Terms and Conditions of membership. 

3.2.1 Data collected during the registration for membership

When you sign up for a membership, we collect your name, address, email address, phone number, country of residence, date of birth, title (Ms/Mr or any other title) and contact information for your social media accounts. 

ASHES AND SOIL processes the information to create your personal account and to process your membership, which includes certain features such as sending digital receipts upon request, (ii) sending invitations to special events/promotions, (iii) personalized store services, and (iv) personalized marketing offers via email or other messenger services. The processing of this data is necessary in order to fulfil our contractual obligations to provide you with services in accordance with the terms of membership. Your data shall not be kept longer than is necessary for the purposes listed in this policy.

3.4 Customer service

If you have contacted ASHES AND SOIL regarding a complaint, return or question, the email or chat will be retained for as long as necessary to deal with your concern. This includes a post-processing within a 12-month period.

The legal basis for the processing of data depends on the personal data concerned and the specific context, i.e. depending on the nature of the matter for which you contact us. If the processing is carried out on the basis of our contractual obligations according to the sales contract or the membership conditions, the legal basis of the processing is the fulfilment of our contractual obligations. Otherwise, processing in this context (customer service) is based on our legitimate interest in communicating with persons who contact our customer service. 

3.5 Anonymised data

We also use anonymized data for internal marketing and demographic studies to analyse customer behaviour to enable us to further improve our products and services. 

3.6 Does ASHES AND SOIL share your information with third parties?

ASHES AND SOIL does not sell or rent customers' personal information to third parties. ASHES AND SOIL may share your information with selected contractors who perform certain functions on our behalf, such as fulfilling or delivering orders, processing payments, running advertising campaigns or data management, operating and maintaining our website, sending emails, sending out our newsletters, customer communications or managing our customer database. Where necessary, the personal information you provide will be processed by these third parties on behalf of ASHES AND SOIL, in accordance with ASHES AND SOIL's instructions. We do not authorise our contractors to process your personal data in any other way.

3.7 Rights of the persons affected

In this section 6 we have summarized your rights as a person affected. This concerns your right to information about your personal data, your right to correction, deletion, restriction of data processing as well as your right to object to data processing and to file a complaint with the competent supervisory authority. If you wish to exercise your rights, please send us an email to contact@ashesandsoil.com. 

Notwithstanding anything to the contrary in this statement, ASHES AND SOIL reserves the right to store and process your personal data and information in accordance with this Privacy Policy to the extent necessary to perform our contractual obligations to you. It reserves the right to comply with legal obligations, to defend ourselves in our own legal proceedings, to prevent fraud or abuse, or to enforce our Terms and Conditions.

3.7.1 Right to information 

You have the right to obtain confirmation from ASHES AND SOIL as to whether personal data concerning you is being processed. If this is the case, you have the right to be informed of this personal data and to receive the following information: the purposes of the data processing, the categories of personal data concerned, the categories of recipients to whom your data is being or has been communicated and the period of time foreseen for which the personal data is to be kept (or the criteria used to determine this period of time). This also includes the right to rectification or erasure of the personal data concerning you or to have processing by ASHES AND SOIL restricted or objected to, the right to appeal to a supervisory authority and the right to obtain information on the existence of automated decision making, including profiling, and, at least cases as such, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject. Furthermore, if the personal data has not been collected from you, you have the right to be informed of any available information about the origin of the data.

3.7.2 Right of rectification 

You have the right to ask for correction of incorrect personal data concerning your person and to complete incomplete data. 

3.7.3 Right of cancellation 

In certain circumstances/the following cases, you are entitled to request the deletion of your personal data or a restriction on the processing of such data: 

- when it is no longer necessary for us to process your data in accordance with the purposes for which it was collected; 

- if our processing is based on your consent, you have withdrawn your consent and there is no other legal basis for processing your data. 

- if our processing of your data is based on a legitimate legitimate interest, you object to such processing and  there is no overriding legitimate reason for our processing, 

- if you have objected to the processing of your data for direct marketing purposes 

- if your personal data have been processed unlawfully, 

- if the personal data must be deleted in order to fulfil a legal obligation applicable to us, 

- if the personal data collected concerns a child (under the age of 13 years) in connection with the provision of information society services

3.7.4 Right of appeal - direct marketing and profiling 

You have the right to object at any time to the processing of your personal data for direct marketing purposes. This objection shall include profiling, if and to the extent that it is related to direct marketing. If you object to the processing of your personal data for direct marketing purposes, including profiling, we will stop any such processing immediately.

3.7.5 Data transferability 

If our processing is based on your consent or if the processing is necessary for the performance of a contract with you, you have the right to request the data you have provided in a structured, generally accepted and machine-readable format and also the right to transfer this data to another party responsible. 

3.7.6 Right to lodge a complaint with the competent supervisory authority 

Please note that you have the right to lodge a complaint with the competent data protection authority in your home country or at the place of the alleged infringement if you believe that the processing of your personal data violates the existing data protection law.

3.8 How do I unsubscribe from ASHES AND SOIL newsletters and emails?

If you no longer wish to receive newsletters and other emails from us, you can unsubscribe from these. Simply use the ‘unsubscribe link’, that you will find in all of our newsletters and emails. Alternatively, contact us at contact@ashesandsoil.com to manage your subscription settings.

Consent and revocation

By agreeing to this privacy policy, you confirm that you have read and understood the contents of this privacy policy. This privacy policy is for your information. Should we need your consent for the collection and processing of your personal data, we will explicitly ask you for it separately from this data protection declaration. Should you object to the data processing by us or wish to withdraw your consent, please contact us at contact@ashesandsoil.com. 

Please note that your revocation has no effect on such data processing operations which are necessary to fulfil our contractual obligations towards you and/or if we are obliged to process data by law, or if the processing is necessary for the defence in a legal dispute of our own, to prevent fraud or abuse or to enforce our general terms and conditions. In the event of a revocation of your consent, we will not process any data which is exclusively based on your consent.