IMPRINT

artWERK

Katrin Kübler-Xanthopulos 
PO Box 100253
73702 Esslingen am Neckar
Germany


Tel.: 0049-163-3051720
E-Mail: info@artwerk.online

 

Tax no. 59491/50872. According to §19 UStG no sales tax is charged.

Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/consumers/odr

I am neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Member of the initiative "Fairness in Trade".
Further information: https://www.fairness-im-handel.de

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© All texts, photos and graphic designs used on this website are protected by copyright and may not be used (even in part) without my express written permission.

 

TERMS AND CONDITIONS
currently only available in German

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TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

  1. scope

  2. conclusion of contract

  3. right of withdrawal

  4. Prices and terms of payment

  5. Delivery and shipping conditions

  6. retention of title

  7. Liability for defects (warranty)

  8. Special conditions for the processing of goods according to specific customer specifications

  9. Redeeming promotional vouchers

  10. Redeeming Gift Vouchers

  11. Applicable Law

  12. Code of Conduct

  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Katrin Kübler-Xanthopulos, trading under "artWERK" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concludes with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or by using the online contact form.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection by the customer is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

  • by email

  • postal

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;

  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;

  • in the case of used goods, the rights and claims due to defects are excluded;

  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.3 The limitations of liability and reductions in deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,

  • in the event that the seller has fraudulently concealed the defect,

  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the seller - and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

8.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

9.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redeeming Gift Certificates

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11) Governing Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Code of Conduct

- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be found on the Internet at  https://www.fairness-im-handel.de/teilnahmebedingungen/  can be viewed.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

© 2022 · IT law firm - Munich/Germany

 
 

RIGHT OF WITHDRAWAL

CANCELLATION INSTRUCTIONS & CANCELLATION FORM

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

A. Cancellation policy

 

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must send us (Katrin Kübler-Xanthopulos, artWERK, Postfach 100253, 73702 Esslingen am Neckar, Germany, Tel.: +49 (0)163-3051720, email: info@artwerk.online) a a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

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

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs 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.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that 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.

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

General information

1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the above numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

B. Withdrawal Form

If you want to revoke the contract, please fill out this form and send it back.

On

Katrin Kübler-Xanthopulos
artwork
PO Box 100253
73702 Esslingen am Neckar
Germany


Email: info@artwerk.online

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

__________________________________________________________
Name of consumer(s)

__________________________________________________________
Address of consumer(s)

__________________________________________________________
Signature of consumer(s) (only if notification is on paper)

__________________________
date

(*) Delete where not applicable

 

DATA PROTECTION

1) Information about the collection of personal data and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Katrin Kübler-Xanthopulos, artWERK, Postfach 100253, 73702 Esslingen am Neckar, Germany, Tel.: +49 (0)163-3051720, email : info@artwerk.online. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential content (eg orders or inquiries to the person responsible), this website uses an SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

  • Our visited website

  • Date and time at the time of access

  • Amount of data sent in bytes

  • Source/reference from which you came to the page

  • Browser used

  • Operating system used

  • IP address used (if necessary: in anonymous form)

The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

3) Hosting & Content Delivery Network

Hosted by Wix
We use the website builder system from Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix") for the purpose of hosting and displaying the website on the basis of processing on our behalf. All data collected on our website is processed on the Wix servers. As part of the aforementioned Wix services, data can also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, as part of further processing on behalf of Wix. In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission. For more information about Wix's privacy policy, visit the following website: https://www.wix.com/about/privacy
The scope of the processing of personal data is presented below. Further processing on servers other than those of Wix mentioned above will only take place within the scope communicated below.

4) cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted after closing the browser (so-called “session cookies”), some of these cookies remain on your end device for a longer period of time and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings in your web browser.
If personal data is also processed by individual cookies used by us, the processing takes place in accordance with Article 6 (1) (b) GDPR either for the execution of the contract, in accordance with Article 6 (1) (a) GDPR in the event that consent has been given or in accordance with Art. 6 (1) (f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general.
Please note that if cookies are not accepted, the functionality of our website may be restricted.

5) Contact

When contacting us (e.g. via contact form or email), personal data is processed – exclusively for the purpose of processing and answering your request and only to the extent required for this. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary

6) Use of Customer Data for Direct Marketing

6.1 Subscribing to our email newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. Providing further data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you only receive the newsletter if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided

By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6 (1) (a) GDPR. We store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later point in time. The data we collect when registering for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have unsubscribed, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we will inform you in this declaration.

6.2 - Newsletter delivery via Ascend by Wix
Our e-mail newsletters are sent via the "Ascend" service from Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"), to which we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Article 6 (1) (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter for the purpose of subscribing to the newsletter (e.g. e-mail address) will be stored on the Wix servers in Israel. As part of the aforementioned Wix services, data can also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, as part of further processing on behalf of Wix.
Wix uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be determined whether a newsletter message has been opened and which links have been clicked on. With the help of so-called conversion tracking, it can also be analyzed whether a previously defined action (e.g. purchase of a product on our website) took place after clicking on the link in the newsletter. Technical information is also recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively in pseudonymised form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.
We have entered into a data processing agreement with Wix, which obliges Wix to protect our customers' data and not to pass it on to third parties.
For more information about Wix's privacy policy, visit the following website: https://www.wix.com/about/privacy

 

7) Data processing for order processing

7.1 - Transmission of image files for order processing by e-mail
On our website, we offer customers the option of ordering the personalization of products by sending image files by email. The submitted image will be used as a template for personalizing the selected product.
The customer can send us one or more image files from the memory of the end device used via the e-mail address provided on the website. We then record, store and use the files transmitted in this way exclusively to manufacture the personalized product in accordance with the respective service description on our website. If the transmitted image files are passed on to special service providers for the production and processing of the order, you will be explicitly informed about this in the following paragraphs. Any further transfer does not take place. If the transmitted files or the digital motifs contain personal data (in particular images of identifiable persons), all the processing operations just mentioned are carried out exclusively for the purpose of processing your online order in accordance with Article 6 (1) (b) GDPR. After the order has been processed, the transmitted image files are automatically and completely deleted.

7.2 Insofar as it is necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned bank in accordance with Article 6 Paragraph 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the framework of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

7.3 Use of special service providers for order processing and processing

- Billbee
Orders are processed by the service provider "Billbee" (Billbee GmbH, Arolser Str. 10, 34477 Twistetal). Name, address and, if applicable, other personal data are passed on to Billbee exclusively for processing the online order in accordance with Article 6 (1) (b) GDPR. Your data will only be passed on to the extent that this is actually necessary to process the order. Details on Billbee's data protection and its data protection declaration can be viewed on Billbee's website at "billbee.io".

7.4 Use of payment service providers (payment services)

-Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal, we pass on your payment data to PayPal (Europe) Sarl et Cie, SCA, 22- 24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), continue. The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Article 6 (1) (f) GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in relation to the statistical probability of payment default for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values (so-called score values). As far as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical process. Among other things, but not exclusively, address data is included in the calculation of the score values. Further data protection information, including information on the credit agencies used, can be found in PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
- Wix Payments
If you choose to use the Wix Payments payment method, the payment will be processed through the payment system of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"). Wix Payments allows payment via all major credit card formats and, depending on the region, also via additional payment methods. The individual payment methods offered via Wix Payments will be communicated to you on our website.
When making payments via Wix Payments, your payment details (e.g. payment amount, information on the payment method used, details on the payee) and your confirmation that the payment details are correct will be collected by Wix to carry out the payment in accordance with Article 6 (1) (b) GDPR , processed and sent to the bank responsible for the payment. This processing only takes place to the extent that it is actually necessary to carry out the payment. Wix then authenticates the payment using the authentication procedure stored for you at your bank.
As part of the aforementioned services, data can also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, for further processing.
In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.
For more information about Wix's privacy policy, visit the following website: https://www.wix.com/about/privacy

 

8) Web Analytics Services

- Wix Analytics
This website uses the analysis service "Wix Analytics", a service of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"). Via Wix Analytics, various user data is collected and stored for optimization and marketing purposes and processed and summarized in statistical reports in an anonymous form. This includes login details, time zone setting, operating system and platform, information about visits including URL, session duration, number of pages viewed per session, search terms, information about what you searched for or viewed on our site, website response time and conversion rates. To do this, Wix Analytics uses cookies. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. The cookies enable, among other things, the recognition of the Internet browser. The data collected via Wix Analytics will not be used to personally identify the visitor to this website and will not be merged with the personal data of the person concerned without the separate consent of the person concerned.
All of the processing described above, in particular the setting of Wix Analytics cookies for reading information on the end device used, will only be carried out if you have given us your express consent in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the “Cookie Consent Tool” provided on the website.
In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.
We have an order processing contract with Wix (can be viewed at https://de.wix.com/about/privacy-dpa-users/) with which we oblige the provider to protect the data of our customers and not to pass it on to third parties.

9) Site Functionalities

Shopvote graphics
We have integrated ShopVote graphics on this website to display our ShopVote seal and any collected and/or aggregated ratings.
This serves to safeguard our overriding legitimate interests in optimal marketing of our offer in accordance with Article 6 Paragraph 1 Sentence 1 lit. f GDPR. The ShopVote graphics and the services advertised with them are an offer from Blickreif GmbH, Schulstraße 46, 80634 Munich.
When you call up the ShopVote graphics, the web server automatically saves a so-called server log file, which contains, for example, your IP address, date and time of the call, amount of data transferred and the source of the call (access data) and documents the call. This access data is not evaluated and automatically overwritten no later than seven days after the end of your visit to the site. The ShopVote graphics do not record or store any other personal data.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, whereby reference is made to the legal basis given for the respective exercise requirements:

  • Right to information according to Art. 15 GDPR;

  • Right to rectification according to Art. 16 GDPR;

  • Right to erasure according to Art. 17 GDPR;

  • Right to restriction of processing in accordance with Art. 18 GDPR;

  • Right to information according to Art. 19 GDPR;

  • Right to data portability according to Art. 20 GDPR;

  • Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR;

  • Right to complain according to Art. 77 GDPR.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.

11) Duration of storage of personal data

The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).

When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.

If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.

When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

© 5/2022 · IT Law Firm Keller-Stoltenhoff, Keller - Munich/Germany