Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Andre Bräuer (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller 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 otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

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

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by email or using the online contact form.

2.3 The Seller may 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 the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed 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, which can be viewed 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 during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

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

2.6 Before submitting the binding 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 identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. 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 carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and payment terms

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

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may 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 the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/ .

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, 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.

5.2 If the 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 to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3 If the customer is acting 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 designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry 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 self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance payments, he retains title to 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 provisions, the provisions of statutory liability for defects apply. 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 subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 The limitations of liability and shortening of time limits 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 which have been used in accordance with their normal use for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.6 If the customer is a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 sales or service contracts involving a consumer.

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

© 2004-2023 · IT Law Firm

Andre Bräuer
Big Burstah 38
20457 Hamburg
Germany

Phone: 017631022237
Email: andre.braeuer@icloud.com

VAT is not shown (small business regulation)

EU Commission platform for online dispute resolution: https://ec.europa.eu/odr We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Due to our small business status according to Section 19 of the VAT Act, we do not charge sales tax and therefore do not show it.

1) Introduction and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Andre Bräuer, Langacker 4, 23730 Neustadt in Holstein, Germany, Tel.: 017631022237, Email: andre.braeuer@icloud.com. The controller 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 processing personal data.

2) Data collection when visiting our website

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

• Our visited website
• Date and 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 applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 Paragraph 1 Letter f of 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.

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

3) Hosting & Content Delivery Network

Google Cloud CDN

We use a content delivery network from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

This service enables us to deliver large media files such as graphics, page content or scripts more quickly via a network of regionally distributed servers. The processing is carried out to protect our legitimate interest in improving the stability and functionality of our website in accordance with Art. 6 Para. 1 lit. f GDPR.

Data may also be transferred to: Google LLC, USA

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

4) Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called "session cookies"), while others remain on your device for longer and enable you to save page settings (so-called "persistent cookies"). In the latter case, you can find out how long they are stored in the overview of your web browser's cookie settings.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page 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 to exclude the acceptance of cookies in certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contact us

When you contact us (e.g. via contact form or e-mail), personal data will be processed exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose.

The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at a contract, an 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 matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.

6) Data processing for order processing

6.1 To the extent 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 credit institution in accordance with Art. 6 Paragraph 1 Letter b of GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

To process your order, we also work 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.

6.2 Use of payment service providers (payment services)

- Apple Pay

If you choose the payment method “Apple Pay” from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed using the “Apple Pay” function on your iOS, watchOS or macOS device by charging a payment card stored with “Apple Pay”. Apple Pay uses security features that are integrated into the hardware and software of your device to protect your transactions. To authorize a payment, you must enter a code that you have previously specified and verify it using the “Face ID” or “Touch ID” function on your device.

For the purpose of processing the payment, the information you provided during the ordering process, along with information about your order, will be passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to process the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the payment was successful.

If personal data is processed during the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR.

Apple stores anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.

When you use Apple Pay on iPhone or Apple Watch to complete a purchase you made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can identify you. You can turn off the ability to use Apple Pay on your Mac in your iPhone's settings. Go to Wallet & Apple Pay and turn off Allow Payments on Mac.

Further information on data protection at Apple Pay can be found at the following Internet address: https://support.apple.com/de-de/HT203027
- Klarna

One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method where the provider makes an advance payment (e.g. purchase on account, installment plan or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining the solvency of our customers, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to provider-internal criteria in accordance with Art. 6 (1) (f) GDPR, identity and credit information from the following credit agencies may also be included in the decision-making process when reviewing the application:

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- Paypal

One or more online payment methods from the following provider are available on this website: PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method from the provider that requires you to pay in advance, the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 Paragraph 1 Letter b of GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method for which we pay in advance, you will also be asked to provide certain personal information (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining your ability to pay in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- IMMEDIATELY

One or more online payment methods from the following provider are available on this website: SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

7) Web analytics services

7.1 Google Tag Manager

This website uses “Google Tag Manager”, a service provided by the following provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: “Google”).

The Google Tag Manager provides a technical basis for bundling various web applications, including tracking and analysis services, and calibrating, controlling and linking them to conditions via a uniform user interface. The Google Tag Manager itself does not store or read information on user devices. The service also does not carry out any independent data analyses. However, when you access a page, the Google Tag Manager transmits your IP address to Google and may store it there. Transmission to Google LLC servers in the USA is also possible.

This processing will only be carried out if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR. Without this consent, Google Tag Manager will not be used during your visit to the website. You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

7.2 Polyfill

This website uses the service of the following provider: The Financial Times Ltd., Bracken House, 1 Friday Street, London, England, EC4M 9BT

The service installs a script on our website that enables content to be displayed in high quality even on older browser versions by providing and transmitting polyfill files when the browser requests it in order to bridge missing browser functions. For this purpose, certain technical information such as browser details and connection data, including your IP address, is automatically passed on to the provider in an anonymized form.

The information is used to determine which polyfill files are required by your browser to properly display the page content.

If personal data is also processed, the processing is carried out on the basis of our legitimate interests in the optimal presentation of our website and the optimization of the user experience in accordance with Art. 6 (1) (f) GDPR.

When data is transferred to the provider's location, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

8) Retargeting/remarketing and conversion tracking

Facebook pixels for creating custom audiences

Within our online offering we use the service “Facebook Pixel” of the following provider: Meta Platforms Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland (“Facebook”)

If a user clicks on an ad we have placed on Facebook, the URL of our linked page is extended by a parameter using "Facebook Pixel". This URL parameter is then entered into the user's browser after forwarding via a cookie that our linked page itself sets.

This enables Facebook to determine the visitors to our online offering as a target group for the display of advertisements (so-called "Facebook Ads"). Accordingly, we use the service to only display the Facebook ads we place to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined based on the websites visited) that we transmit to Facebook (so-called "custom audiences").

On the other hand, “Facebook Pixel” can be used to track whether users were redirected to our website after clicking on a Facebook ad and which actions they perform there (so-called “conversion tracking”).

The data collected is anonymous to us and does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes.

All processing described above, in particular the setting of cookies for reading information on the device used, will only be carried out if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of 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.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

The information generated by Facebook is usually transferred to a Facebook server and stored there; in this context, it may also be transferred to Meta Platforms Inc. servers in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

9) Tools and Others

Cookie Consent Tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users when they visit the page in the form of an interactive user interface on which consent for certain cookies and/or cookie-based applications can be given by ticking boxes. By using the tool, all cookies/services that require consent are only loaded if the respective user gives their consent by ticking the box. This ensures that such cookies are only placed on the user's respective device if consent has been given.

The tool uses technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

A further legal basis for the processing is Art. 6 (1) (c) GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

Where necessary, we have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

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) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising them:

• Right to information pursuant to Art. 15 GDPR;
• Right to rectification pursuant to Art. 16 GDPR;
• Right to erasure pursuant to Art. 17 GDPR;
• Right to restriction of processing pursuant to Art. 18 GDPR;
• Right to information pursuant to Art. 19 GDPR;
• Right to data portability according to Art. 20 GDPR;
• Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
• Right to complain according to Art. 77 GDPR.

10.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

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

11) Duration of storage of personal data

The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and – if applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of an express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.

When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (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.

© 2004-2023 · IT Law Firm

A. Cancellation policy

Introduction

Consumers have a right of withdrawal in accordance with the following provisions, 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 independent professional activity:

Right of withdrawal

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

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.

To exercise your right of withdrawal, you must inform us (Andre Bräuer, Langacker 4, 23730 Neustadt in Holstein, Germany, Tel.: 017631022237, Email: andre.braeuer@icloud.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back 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 promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

General information

1) Please avoid damaging or contaminating the goods. Please send the goods back to us in their original packaging with all accessories and 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 points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

B. Cancellation form

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

To

Andre Bräuer
Langacker 4
23730 Neustadt in Holstein
Germany

Email: andre.braeuer@icloud.com

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 the consumer(s)

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

_________________________
Date

(*) Delete as appropriate

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