Holiday Gifts on Sale  

Imprint

This website and online shop is operated by:
Impossible B.V., a Dutch limited liability company, registered with the Netherlands Chamber of Commerce under no. 819974420, with business address at Hoge Bothofstraat 45, 7511ZA Enschede
Executive Directors: Andrew Billen, Stephen Herchen
e-mail: service@the-impossible-project.com
phone: 00 800 577 01500
VAT registration number: NL819974420B01

Terms and Conditions Impossible Online Shop

1. Scope of application

  1. These Terms and Conditions (the “T&C”) of the company Impossible B.V., a limited liability company incorporated under the laws of The Netherlands ("Impossible”) shall apply to all contracts concluded between a consumer or a trader (both referred to as the "Client" or “you”) and Impossible relating to all goods and/or services presented by Impossible in the online shop operated on uk.impossible-project.com (the “Online Shop”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
  2. A consumer pursuant to these T&C is any individual acting for purposes, which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these T&C is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2. Conclusion of the contract

  1. The product descriptions displayed by Impossible on the web shop do not constitute binding offers on the part of Impossible, but merely serve the purpose of submitting a binding offer by the Client.
  2. The Client can place an order via the web shop’s integrated purchase order form. After having placed the chosen items in the virtual shopping cart, the Client places an order via the basket system and after running through the ordering process by clicking on the final button concluding the ordering process. This order is deemed to be a legally binding offer to buy the chosen amount of goods displayed on the respective product information page.
  3. Impossible can accept the Client's offer within five days, * by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or * by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or * by requesting the Client to pay after he placed his order, or * provided direct debit payment is offered and the Client chooses this payment method, by debiting the total price from the Client’s account. In this case the date is decisive on which the Client’s account is debited. Provided that several of the aforementioned alternatives apply, the contract shall be concluded upon the first occurrence of one of the aforementioned alternatives. Should Impossible not accept the Client’s offer within the aforementioned period of time, this shall be deemed as a rejection of the offer with the effect that the Client is no longer bound by his statement of intent.
  4. In case the Client chooses “PayPal Express” as payment method and by clicking the final button concluding the order process, he simultaneously initiates a payment order to his payment servicer. In this case Impossible accepts the Client’s offer in derogation of sec. 2.3 upon the clicking of the final button concluding the order process and thereby initiating the payment.
  5. The time limit begins to run the day after the Client has submitted his offer and ends on the expiry of the fifth day following the submission of the offer.
  6. The contract's content will be stored by Impossible and will be sent to the Client in writing including these T&C (for example via e-mail, fax or letter) after the Client has submitted his order. In addition and to the extent that the Client has created a customer account on the web shop of Impossible, the contract's content will be stored on the web site of Impossible and can be found by the Client in the password-protected customer account.
  7. When placing an order through the web shop’s integrated basket system, the Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
  8. The English language is exclusively available for the conclusion of the contract.
  9. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by Impossible can be received at this address. It is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by Impossible or by third parties commissioned by Impossible with the order processing can be delivered.

3. Right to cancel

Consumers are entitled to the right of cancellation subject to the following conditions

Statutory cancellation right

Unless one of the exceptions listed below applies, you can cancel the contract without giving any reason within 14 days (i) from the day on which the purchased goods (or the last of the goods if it relates to a contract under which multiple goods are ordered in one order but some are delivered on different days) come into physical possession of you or a third person identified by you to take possession of the goods (other than the carrier) or (ii) from the day of the conclusion of the contract, in the case of a service contract or a contract for supply of digital content which is not supplied on a tangible medium. You must inform Impossible of your decision to cancel your order. You may submit your request by contacting our customer service, or using below cancellation form.

Effects of cancellation

To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the goods. For additional information on the scope, content and instructions for the exercise, please contact Impossible’s customer service.

Exceptions to the right of cancellation

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if Impossible have fully performed it and you accepted when you placed your order that Impossible could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, e-books, MP3, etc.) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that Impossible could start to deliver it, and that you could not cancel it once delivery had started; and
  • the delivery of newspapers, journals or magazines with the exception of subscription contracts

Model cancellation form

To Impossible B.V., Hoge Bothofstraat 45, 7511ZA Enschede, The Netherlands: I / We [*] hereby give notice that I / we [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*],

Order ID (found on confirmation email),

Ordered on [*] / received on [*],

Name of consumer(s),

Address of consumers(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.

4. Price and delivery costs

  1. If not indicated otherwise, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately on the check-out page shown before the Client confirms the order.
  2. For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties or funds transfer fees, e.g. in terms of custom duties. In case of funds transfer fees, such costs may also arise for deliveries to countries within the European Union but if the Client initiates the payment from a country outside the European Union.
  3. There are different payment methods available to the Client, shown in the web shop of Impossible.
  4. In case the parties agreed to cash in advance payment, the payment is due and payable immediately after the conclusion of the contract.
  5. In case of payment through a payment method provided by PayPal the payment processing takes place through the payment servicer PayPal, Inc. and/or PayPal Europe S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal conditions of use, or in case the Client does not dispose of a PayPal account subject to the conditions for payments without PayPal account, both accessible under https://www.paypal.com.
  6. In case of the payment method “Amazon Payments” the payment processing takes place through the payment servicer “Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg or Amazon Payments, Inc., subject to the Amazon Payments conditions of use, accessible under https://payments.amazon.com
  7. In case of the payment method SEPA direct debit the payment processing takes place through the technical servicer Paymill GmbH, St. Cajetan-Straße 43, 81669 Munich, together with Lufthansa AirPlus Servicekarten GmbH, Dornhofstraße 10, 63263 Neu-Isenburg or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim respectively. The invoice amount is due and payable after issuing the SEPA direct debit mandate, however, not before the expiry of the period to provide the pre-notification. Pre-notification is any notification (invoice, police, contract) of Impossible to the Client notifying of a debiting by means of SEPA direct debit. In case the Client is acting as consumer, the period for the pre-notification shall be 5 days for the first use of a direct debit and 2 days for consecutive use of direct debit. In case the Client is acting as trader, the period for the pre-notification shall be 1 day for any use of direct debit. The period begins to run the day after the Client has been provided with the pre-notification. In case the direct debit cannot be credited due to insufficient funds on the Client’s bank account or because the Client has unjustifiably objected to the direct debit, the Client shall bear the fees incurred by the chargeback of the relevant bank, if this is attributable to the Client.

5. Shipment and Delivery Conditions

  1. Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. The processing of the transaction is based on the delivery address provided by the Client in the course of the order process.
  2. Should delivery to the Client not be possible, the assigned transport company returns the goods to Impossible and the Client shall bear the cost for the unsuccessful dispatch. This shall not apply if the Client has effectively exercised his right to cancel or is not responsible for the event that entails the impossibility of delivery, or if he has been temporarily impeded to receive the ordered goods, unless Impossible has given notice to the Client in an adequate period of time prior to the delivery.
  3. The Client shall receive any coupons per e-mail.
  4. Personal collection is not possible for logistical reasons.

6. Retention of Title

As far as Impossible provide advance deliveries, ownership in the delivered goods shall remain with Impossible until full payment of the purchase price.

7. Liability For Defects

  1. Unless agreed otherwise in these T&C, Impossible’s liability for defects shall be subject to the applicable statutory provisions.
  2. In case the Client acts as a customer, the limitation period for used products and goods shall be one year. This restriction shall not apply for claims relating to death, personal injury or impaired health or a breach of an essential contractual obligation as well as for claims related to intentional or grossly negligent breach of contract from Impossible or their vicarious agents. Essential contractual obligations are obligations the contract imposes on Impossible according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
  3. In case the Client acts as a trader, the following shall apply: Products and services provided by Impossible are provided “as is” with no liability, to the extent as permitted by law; e.g. under no circumstances will Impossible be liable for loss and damages, neither direct nor indirect, consequential loss or damages, business interruption. Without limiting the foregoing, Impossible’s liability arising with respect to an order will not exceed the total fees paid or payable related to a specific order. Depending on the country in which you reside, there are certain legally binding warranties and liabilities (e.g. product liability), which – without limiting the foregoing – are to be fulfilled by Impossible.
  4. The Client shall inform Impossible and the carrier of any obvious transport damages.

8. Liability

  1. Impossible shall be liable without restrictions for intent and gross negligence and within the scope of legally binding warranties and liabilities (e.g. product liability). For slight negligence, Impossible shall be held liable in case of damages relating to death, personal injury or impaired health.
  2. In case Impossible infringes an essential contractual obligation acting slightly negligent, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to sec. 8.1. Essential contractual obligations are obligations the contract imposes on Impossible according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

9. Vouchers and Coupons

  1. Vouchers and coupons with a certain period of validity, which are made available by Impossible within an advertising campaign or a similar activity and which are not available for purchase (the “Campaign Coupon”) and vouchers which can be purchased in the Online Shop of Impossible (the “Gift Voucher”) may only be converted in the Online Shop of Impossible and within the given period of validity.
  2. Certain products may be excluded from the voucher campaign insofar such exclusion results from the content of such advertising campaign.
  3. Remaining credit from Gift Vouchers shall be converted until the end of the period of validity.
  4. Gift Vouchers and Campaign Coupons may only be converted before the closing of the order process. A retroactive offsetting is not possible.
  5. Only one Gift Voucher or Campaign Coupon may be converted per order process.
  6. Gift Vouchers may only be converted for the purchase of products, not for the purchase of further Gift Vouchers.
  7. In case the value of the Gift Voucher or the Campaign Coupon is not sufficient to cover the order, the differential amount may be balanced using one of the payment methods offered by Impossible.
  8. Credit on Gift Vouchers or Campaign Coupons will not be disbursed in cash nor will such credit be paid interest on.
  9. The Gift Vouchers and the Campaign Coupons are transferable. Impossible is entitled to deliver with discharging effect to the relevant third person that is converting the Gift Voucher in the Online Shop of Impossible. This shall not be the case if Impossible is aware or due to gross negligence unaware that the relevant third person is not entitled, incapable of acting in law or has no power of representation with respect to the owner of the Gift Voucher.

10. Customer Service

For customer support or other questions and inquiries, please contact Impossible’s customer service under [service@the-impossible-project.com or 00800 577 01 500/ usa@the-impossible-project.com or +1 212 219 3254]. For wholesale inquiries, please contact wholesale@the-impossible-project.com.

11. Governing law, place of jurisdiction

  1. If a Client acts as a consumer within the meaning of sec. 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
  2. If a Client acts as a trader within the meaning of sec. 1.2, any contractual relationships between the parties is governed by the law of Germany, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of Berlin, Germany will have exclusive jurisdiction over any dispute relating to these relationships.

12. Information about online dispute resolution

The EU Commission provides on its website the following link to the ODR platform: www.ec.europa.eu/consumers/odr This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

 


 

 

Privacy Policy

Thank you for visiting our website and for your interest in our company and our products. We care for the protection of your privacy when you use our website. Thus, please note the following:

1. General information regarding the use of your personal data

In principal, you may visit our websites without Impossible collecting your personal data (such as your name or e-mail address). Personal data will only be collected in case you provide such personal data in the course of the implementation of a contract, when you open a customer account or in case you get in contact with Impossible. Impossible will use such personal data without your consent only for the implementation of the contract or the processing of your request. After the complete implementation of the contract, your personal data will be stored within the scope of compulsory retention obligations imposed on Impossible by tax and trade law. Such data will be closed for further purposes and deleted upon the expiry of the relevant retention obligations unless you provided your consent to the further use of your personal data. You have the right to obtain information free of charge about your stored personal data and, if you so wish, have the right to correction, blocking or deletion of such personal data. For questions regarding the collection, processing or use of your personal data please contact Impossible under service@the-impossible-project.com.

2. Information regarding the specific use of your personal data

Newsletter

Impossible will collect personal data in case you subscribe to an e-mail newsletter. This data will be used for Impossible’s own advertising purposes provided you have given your express consent. You may unsubscribe the newsletter at any time by clicking the relevant link in the newsletter or by sending a corresponding message to Impossible. In that case Impossible will immediately take your e-mail address off the distribution list for the newsletter. For the creation and distribution of the newsletters we transfer your personal data to a third party servicer (e.g. The Rocket Science Group, LLC, www.mailchimp.com/).

Transfer of personal data for order processing

To the extent required, personal data collected by Impossible will be transferred to the transportation servicer instructed with the delivery of the goods. Impossible will transfer your payment details to the assigned bank or third party payment servicers (e.g. PayPal) for the processing of your payments.

Loyalty program

When ordering products through our web shop, you automatically enroll in a loyalty program, facilitated by Sweet Tooth, Inc. (https://www.sweettoothrewards.com). For this purpose, encrypted personal data and encrypted data regarding your order such as order value and potential discounts are transferred to and stored by Sweet Tooth. Sweet Tooth will only use such data to perform its services on connection with the loyalty program.

Cookies

Our Site may use “cookies” to enhance user experience. Your web browser places cookies on the hard drive of your computer or mobile device for record-keeping purposes and sometimes to track information about the user. Some cookies are automatically deleted at the end of the browser session (session cookies). Other cookies remain on the hard drive of your computer or mobile device and allow recognizing your browser on your next visit (persistent cookie). You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the website may not function properly.

Youtube Videos

This website uses the embedding function provided by Youtube to display and replay Youtube videos. For this, we use the enhanced data protection mode, which, according to the provider, allows for a collection and storage of user information only after you start to replay the video. When you start the replay of an embedded video, Youtube will place cookies on your computer or mobile device to collect information on the user behavior. According to information provided by Youtube, such information shall be used to capture statistics on videos, to enhance user experience and to obviate inappropriate use.

Google AdWords Conversation Tracking

This website uses Google AdWords, an online advertising program and within AdWords the conversation tracking. A cookie will be placed on the computer or mobile device if you reached the website by clicking on an ad placed by Google, Inc. (“Google”). These cookies expire after 30 days and are not used for personal identification. If you visit certain pages of this website and the cookie has not expired, Google and the client may recognize that you clicked on the ad and were redirected to this page. Each AdWords client is assigned a different cookie. Cookies can therefore not be tracked on our website. The information obtained by means of the conversion cookie is used to create conversion statistics for Impossible as an AdWords customer who have opted in favor of Conversion Tracking. Impossible are provided with information in regard to the total number of users who have clicked on their ad and were redirected to a page provided with a Conversion Tracking tag. However, Impossible will not receive any information that can identify users personally. If you do not wish to participate in the tracking process, you can also reject the cookie necessary for this (read more about this under “Cookies” above). You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”. Google’s privacy policy for conversion tracking can be found here.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google. Google Analytics uses "cookies", which are text files placed on your computer to help the website analyze how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP address anonymization, Google will truncate/ anonymize the last octet of the IP address for member states of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you may prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Visual Website Optimizer

This website uses Visual Website Optimizer (“VWO”), a website analytics servicer provided by Wingify. On behalf of the website provider, the VWO collects, evaluates and stores anonymized customer data for the purpose of optimizing the use of the website and for advertising purposes. VWO uses “cookies”, which are text files placed on your computer to help the website analyse how visitors use the site. The cookies serve to recognize the browser to provide for a more precise tracing of statistical data. Your IP address will be anonymized immediately after the processing and before the storage. You may prevent the collection and use of data (cookies and IP address) by downloading and installing an opt-out cookie related to VWO under https://vwo.com/opt-out/.

Criteo Retargeting

This website uses a retargeting technology provided by Criteo, collecting information on the surfing patterns of the website users for advertising purposes. Criteo places “cookies” on the browsers of website users and may send its own cookies to the website users’ cookie file. The cookies will allow Criteo to apply its personalized retargeting technology and to serve personalized banners; Criteo only employs anonymous cookies for personalized banners; Criteo will collect and use this data in accordance with all applicable laws and regulations (including but not limited to laws governing privacy and data protection); the data collected and used by Criteo is at its sole discretion will only contain non-personal data. This data will be anonymous and will not contain the name, address, telephone number, e-mail address or IP address of the website users. Criteo’s privacy policy is available at the following address criteo.com/privacy.html. Criteo’s privacy policy includes information for users on how to opt-out or being cookie retargeted.

Google Retargeting

This website uses a retargeting technology provided by Google to address and target visitors of our website who have already shown interest in our web shop and our products with personalized advertising. The advertising takes place on the basis of a cookie-based analysis of the previous user behavior without storing personal data. Google will place a cookie on your computer or mobile device to collect anonymized data on your interests to individually customize the advertising in relation to the stored data. You are shown advertising, which is highly probable to reflect your product and information interests. You may prevent the placement of cookies by downloading and installing the browser plug-in available under https://google.com/settings/ads/onweb/. You may obtain further information related to Google retargeting technology in Google’s privacy policy.

Facebook Pixel

We may use Facebook “pixels” provided by Facebook, Inc. (“Facebook”) if you gave your express consent by clicking the relevant button. By using pixels we can keep track of the visitors’ user behavior after these have seen or clicked on a Facebook advert. This procedure is designed to evaluate the effectiveness of Facebook adverts for statistical and market analysis purposes and may help to optimize future advertising measures. The data collected remains anonymous for Impossible and does not allow reliable conclusions to be drawn about the identity of the visitor. However, the data will be stored and processed by Facebook to allow for a connection to be made to the relevant user profile on Facebook and Facebook may use such data for their own advertising purposes in accordance to the Facebook guidelines on the use of data (www.facebook.com/about/privacy/). You may allow Facebook and their partners to place adverts on and off Facebook. Furthermore, a cookie may be placed on your computer or mobile device. A consent for the use of Facebook pixels can only be declared by visitors or users of the website which are older than 13 years. If you are younger than 13 years, please request authorization from your legal guardian.

3. Live support system

This website collects and stores anonymized data to operate a live chat system to answer live support inquiries, using technologies of Zopim Technologies Pte Ltd., 1 Commonwealth Lane 03-01, 149544 Singapore (www.zopim.com). Such anonymized data allows for the creation of a pseudonymous user profile. Cookies might be placed to recognize your web browser. The data collected and stored using Zopim technology will – without your express consent – not be used to personally identify the user of the website and personal data of the user will not be put in connection with the pseudonymous user profile. You may choose to set your web browser to refuse Zopim cookies, or to alert you when Zopim cookies are being sent.

4. Status of privacy policy

This privacy policy is the currently applicable version, dated 4 April 2016.