Legal terms and conditions
Table of contents:
Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Davy De Graef, trading under “De Graef Nail Art” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
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2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute a contract.
2.1 The product descriptions contained in the seller's online store 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 via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual 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 telephone or e-mail.
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 the receipt of the order confirmation by the customer is decisive in this respect, 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 the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in 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 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 shall be deemed 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 shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the 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 terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays by means of 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 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 contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen.
The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The English language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail 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 by the seller to process the order can be delivered.
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3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal for all fysical products.
All digital products delivered by the seller are delivered by non-material carrier. On all digital products, the right of withdrawal expires prematurely in the case of the supply of digital content which is not delivered on a tangible medium to the extent that we have begun performance with and you have given your express prior consent that we perform the contract immediately before the expiration of the withdrawal period and you acknowledge that you will lose your right of withdrawal if delivery of the digital content has begun.
By agreeing to the legal terms and conditions, the consumer expressly consents that delivery may begin during the withdrawal period and has thereby waived his right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
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4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online store.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then immediately carried out by “SOFORT” and the customer's bank account is debited. The customer can find more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.5 If a payment method offered via the payment service “Shopify Payments” is selected, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.6 If a payment method offered via the payment service “Klarna” is selected, the payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions can be viewed here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
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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. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
If the goods are digital, they will be delivered on a non-material carrier, through website url, email, acces to channels on the sellers webpage, or other described in article description, on the checkout page, or on payment page.
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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply 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 shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution 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 shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, 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 shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows
by e-mail
by post
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
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7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
the rights and claims for defects are excluded for used goods;
the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
to 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 normal use 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.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
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8) Redemption of promotional vouchers
8.1 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 store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 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.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
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9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed for one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 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 selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
10) Applicable law
The law of the Kingdom of Belgium shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
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11) Alternative dispute resolution
11.1 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 purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Return policy
Right of withdrawal
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 on fysical products
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 (Davy De Graef, De Graef Nail Art, St.-Theresiastraat 118, 2400 Mol, Belgium, Email: info@degraef-nailart.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 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.
At
Davy De Graef
De Graef Nail Art
St.-Theresiastraat 118
2400 Mol
Belgium
Email: info@degraef-nailart.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
Right of withdrawal on digital products
All digital products delivered by the seller are delivered by non-material carrier.
The right of withdrawal expires prematurely in the case of the supply of digital content which is not delivered on a tangible medium to the extent that we have begun performance with and you have given your express prior consent that we perform the contract immediately before the expiration of the withdrawal period and you acknowledge that you will lose your right of withdrawal if delivery of the digital content has begun.
By agreeing to the legal terms and conditions, the consumer expressly consents that delivery may begin during the withdrawal period and has thereby waived his right of withdrawal.
Digital product policy
We strive to obtain and maintain high quality products. If there would be problems, technical difficulties, non-conformities or questions about our products, please feel free to contact us.
Our digital products come on a non-material carrier. This means it is not a fysical product but only accessible through online application. Creation of a personal account might be needed to acces all features of the purchase. For digital content, there is a different withdrawal-policy.
All digital products delivered by the seller are delivered by non-material carrier. On all digital products, the right of withdrawal expires prematurely in the case of the supply of digital content which is not delivered on a tangible medium to the extent that we have begun performance with and you have given your express prior consent that we perform the contract immediately before the expiration of the withdrawal period and you acknowledge that you will lose your right of withdrawal if delivery of the digital content has begun.
By agreeing to the legal terms and conditions, the consumer expressly consents that delivery may begin during the withdrawal period and has thereby waived his right of withdrawal.
Check our legal terms and withdrawal policy/return policy for more information.
If by technical issue, the payment of the product is succesfuly validated and you do not obtain the digital product, please allways check your spam-mailbox. If the problem persists, please contact us for the best solution.
Privacy policy
Data protection
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 Davy De Graef, De Graef Nail Art, St.-Theresiastraat 118, 2400 Mol, Belgium, email: info@degraef-nailart.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 (1) (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.
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) 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.
4) 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.
5) Data processing when opening a customer account
In accordance with Art. 6 (1) (b) GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. You can find out which data is required to open an account from the input mask of the corresponding form on our website.
In some cases you may be asked for interest in newsletters. You can voluntarily choose to receive these with marking or unmarking this option. These newsletters will be only from us and for marketing goals. In no circumstances your data will be given to third parties.
You can delete your customer account at any time by sending a message to the above-mentioned address of the person responsible. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no statutory retention periods to the contrary and we have no legitimate interest in continuing to store the data.
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)
- 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.
- SOFORT
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
Google Analytics
This website uses Google (Universal) Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables an analysis of your use of our website.
By default, when you visit the website, Google (Universal) Analytics sets cookies that are stored as small text blocks on your device and collect certain information. This information also includes your IP address, although Google shortens the last digits to prevent it from being directly linked to you as an individual.
The information is transferred to Google servers and processed there. Transmission to Google LLC, based in the USA, is also possible.
Google uses the information collected on our behalf to evaluate your use of the website, to compile reports on website activity for us and to provide other services relating to website activity and internet usage. The IP address transmitted and shortened by your browser as part of Google Analytics will not be merged with other Google data. The data collected as part of the use of Google (Universal) Analytics is stored for a period of two months and then deleted.
All processing described above, in particular the setting of cookies on the device used, only takes place if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR.
Without your consent, Google (Universal) Analytics 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 right of revocation, please deactivate this service using the "Cookie Consent Tool" provided on the website.
We have concluded a data processing agreement with Google that ensures the protection of our website visitors’ data and prohibits unauthorized disclosure to third parties.
Further legal information on Google (Universal) Analytics can be found at https://policies.google.com/privacy?hl=de&gl=de and at https://policies.google.com/technologies/partner-sites
Demographic characteristics
Google (Universal) Analytics uses the special function "demographic characteristics" and can use it to create statistics that make statements about the age, gender and interests of site visitors. This is done by analyzing advertising and information from third parties. This allows target groups to be identified for marketing activities. However, the data collected cannot be assigned to a specific person and is deleted after being stored for a period of two months.
Google Signals
As an extension to Google (Universal) Analytics, Google Signals can be used on this website to create cross-device reports. If you have activated personalized ads and have linked your devices to your Google account, Google can analyze your usage behavior across devices and create database models, including for cross-device conversions, subject to your consent to use Google Analytics in accordance with Art. 6 Para. 1 lit. a GDPR. We do not receive any personal data from Google, only statistics. If you want to stop cross-device analysis, you can deactivate the "Personalized Advertising" function in the settings of your Google account. To do so, follow the instructions on this page: https://support.google.com/ads/answer/2662922?hl=de For more information about Google Signals, see the following link: https://support.google.com/analytics/answer/7532985?hl=de
UserIDs
As an extension to Google (Universal) Analytics, the "UserIDs" function can be used on this website. If you have consented to the use of Google (Universal) Analytics in accordance with Art. 6 Paragraph 1 Letter a of GDPR, have set up an account on this website and log in with this account on various devices, your activities, including conversions, can be analyzed across devices.
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.
8) Page functionalities
8.1 Facebook plugins
Our website uses plugins from the social network of the following provider: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
These plugins enable direct interactions with content on the social network.
In order to increase the protection of your data when you visit our website, the plugins are initially deactivated and integrated into the site using a so-called “2-click” or “Shariff” solution.
This integration ensures that when you access a page on our website that contains such plugins, no connection is established with the provider's servers.
Only when you activate the plug-ins and thereby give your consent to the data transfer in accordance with Art. 6 Paragraph 1 Letter a of GDPR will your browser establish a direct connection to the provider's servers. In this case, regardless of whether you log in to an existing user profile, a certain amount of information about the device you are using (including your IP address), your browser and your page history will be transmitted to the provider and may be further processed there.
If you are logged into an existing user profile on the provider's social network, information about interactions carried out via the plug-ins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plug-in by clicking on it again. However, the revocation has no influence on the data that has already been transferred to the provider.
Data may also be transferred to: Meta Platforms Inc., 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.
8.2 Instagram plugins
Our website uses plugins from the social network of the following provider: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland
These plugins enable direct interactions with content on the social network.
In order to increase the protection of your data when you visit our website, the plugins are initially deactivated and integrated into the site using a so-called “2-click” or “Shariff” solution.
This integration ensures that when you access a page on our website that contains such plugins, no connection is established with the provider's servers.
Only when you activate the plug-ins and thus give your consent to the data transfer in accordance with Art. 6 Paragraph 1 Letter a of GDPR, does your browser establish a direct connection to the provider's servers. In doing so, regardless of whether you log into an existing user profile, a certain amount of information about the device you are using (including your IP address), your browser and your page history is transmitted to the provider and may be further processed there.
If you are logged into an existing user profile on the provider's social network, information about interactions carried out via the plug-ins is also published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plug-in by clicking on it again. However, the revocation has no influence on the data that has already been transmitted to the provider.
Data may also be transferred to: Meta Platforms Inc., 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.
8.3 Google Maps
This website uses an online map service from the following provider: Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
Google Maps is a web service for displaying interactive maps to visually represent geographical information. Using this service will show you our location and make it easier to find us.
As soon as you access the subpages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers and saved there. This may also involve transmission to the servers of Google LLC in the USA. This occurs regardless of whether Google provides a user account through which you are logged in or whether a user account already exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not want to be assigned to your Google profile, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them.
The data is collected, stored and evaluated in accordance with Art. 6 (1) (f) GDPR on the basis of Google's legitimate interest in displaying personalized advertising, market research and/or the needs-based design of Google websites. You have the right to object to the creation of these user profiles, but you must contact Google to exercise this right. If you do not agree to the future transmission of your data to Google when using Google Maps, you also have the option of completely deactivating the Google Maps web service by turning off the JavaScript application in your browser. Google Maps and thus also the map display on this website cannot then be used.
To the extent legally required, we have obtained your consent in accordance with Art. 6 (1) (a) GDPR for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option for making an objection described above.
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 access 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 corresponding 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 advertising 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.