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GCS - Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Kerstin Harms) via the www.passepartout-werkstatt.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Ordering with cost liability” button, you are considered to have made a binding offer to us. 
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.

(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Individually-designed products

(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
 
(2)
You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
 
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
 
(4) Insofar as we create texts, images, graphics and designs for you within the framework of the customised designing process, the said items are subject to copyright law.
Individual parts or complete contents may not be utilised, reproduced or modified unless we have explicitly authorised such a course of action.
Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.


§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.


§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
  • to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
  • insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
  • to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
  • for statutory recourse claims, which you have against us in connection with warranty rights.
§ 6 Choice of law

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

Kerstin Harms
Bäckerstr. 2
21379 Echem
Germany
Telephone: +49 (0) 4139 - 686 6
E-Mail: info@passepartout-werkstatt.de



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.


2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
 
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

7. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last update: 07.12.2017


Payment and dispatch

The following terms and conditions apply:

Dispatch conditions

The products are delivered all over the world.

Dispatch costs (inclusive of legally applicable VAT)

Domestic deliveries (Germany): 

Versand innerhalb Deutschland bei Paketen bis zu:

60 x 80 = 9,80 €
80 x 100 = 19,80 €
100 x 140 = 35,00 €

Ab 140,- € Bestellwert halbiert sich Ihr Frachtanteil auf 4,90 €, 9,90 €, 17,50 €.
Ab 210,- € Bestellwert erfolgt die Lieferung frei Haus.


Deliveries to foreign countries:


AGB Europa

If you order in our Online-Shop, there will be the real shipping costs to your country displayed in the bastket.
Deliveries abroad are only possible up 80 x 100 cm. Because of the raised risk of fracture we do not send Float- and Acrylicglass abroad. 


Delivery periods

Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 3 - 5 days, for deliveries abroad within 5 - 7 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Sundays and other holidays.

If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.

In case of self-collection, we will inform you by email once the product is ready, along with the collection options. In this case, dispatch costs will not be charged.

Terms of payment

For domestic deliveries (Germany) the following payment options are available:

Payment in cash at the time of collection
-  Prepayment via transfer
Payment by invoice

In case of deliveries to a foreign country, you have the following payment options:

-  Payment in cash at the time of collection
-  Prepayment via transfer
-  Payment via PayPal


Further details on payment

 


As long as you make the prepayment within 8 days after the order acknowledgement, we will grant you 2 % early payment discount on the gross product value of the order.

The invoice amount is to be settled at the time of payment on invoice within 30 days.

Our bank account:

Sparkasse Lüneburg
An der Münze 3
21335 Lüneburg
Kontoinhaber: Kerstin Harms

Bankleitzahl 240 501 10

Kontonummer 654 09 153

IBAN-Nr. DE64 2405 0110 0065 4091 53
BIC NOLADE21LBG


In case of questions, please contact us at the contact details mentioned in the Legal Notice.


 

Data protection declaration

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. Every time you access our website, user data is transmitted by your internet browser and stored in protocol files (server log files). This stored data includes e.g. name of the site called up, date and time of the request, amount of data transferred and the provider making the request. This data serves exclusively to ensure smooth operation of our website and to improve our offering. It is not possible to assign this data to a particular person.
 
Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted. We will save all datas unless we receive your veto.
 
Collection, processing, and use of personal data in orders 
When you submit an order, we only collect and use your personal data where this is necessary for the fulfilment and handling of your requests. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of art. 6 (1) lit. b GDPR and is required for the fulfilment of a contract with you. We will not forward your data to third parties without your explicit consent. This only excludes our service partners which we require in order to handle the contractual relationship or service providers we use to process an order. Along with the recipients named in the clauses of this data protection declaration, these may be recipients in the following categories: Shipping providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and dropshipping dealers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 
Use of your email address for mailing of direct marketing 
We use your email address, which we obtained in the course of selling a good or service, for the electronic transmission of marketing for our own goods or services which are similar to those you have already purchased from us, unless you have objected to this use. You must provide your email address in order to conclude a contract. Failure to provide it will prevent the conclusion of any contract. The processing will be carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in direct marketing. You can object to this use of your email address at any time by contacting us. You will find the contact details for exercising your right to object in our imprint. You can also use the link provided in the marketing email. This will not involve any costs other than transmission costs at basic tariffs.
 
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to
Passepartout-Werkstatt, Bäckerstr. 2, 21379 Echem 
Using PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_GB


Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again. We use cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
 
Our website also uses cookies to allow us to analyse the surfing behaviour of visitors to our website. 

We also use cookies to address visitors to other websites with targeted marketing relating to their interests.

Processing is carried out on the basis of § 15 (3) TMG (Telemedia Act) as well as art. 6 (1) lit. f GDPR due to our justified interest in the purposes above.
The data collected in this way is pseudonymised using technological measures. It is therefore not possible to connect the data to your person. The data will not be stored together with other personal data pertaining to you. You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Use of Google Analytics 
Our website uses the web analysis service Google Analytics by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The processing of data serves to analyse this website and its visitors. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. The IP address communicated by your browser as part of Google Analytics is not associated with any other data held by Google. Google Analytics uses cookies, which make it possible to analyse your use of the website. The information generated by the cookie regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website. Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Your data may be transmitted to the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in needs-based and targeted design of the website. You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. You can prevent the storage of cookies  by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website. You can also prevent collection of the data (including your IP address) generated by the cookies and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=en]. You can set an opt-out cookie to prevent collection by Google Analytics across devices. Opt-out cookies prevent the future collection of your data when you visit this website. You need to opt-out on all systems and devices in use for this to work comprehensively. If you click here, the opt-out cookie is set: Disable Google Analytics.  
You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/ and at https://policies.google.com/?hl=en.
 
Use of Google Adwords conversion tracking 
Our website uses the online marketing programme “Google AdWords”, including conversion tracking. Google conversion tracking is a service operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google AdWords customer receives a separate cookie. Therefore, it is not possible to track cookies relating to the websites of AdWords customers. The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in targeted marketing and analysis of the effectiveness and efficiency of this marketing.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser. We would, however, like to point out that this may prevent you from making full use of all the functions of this website. You will then not be included in the conversion tracking statistics.You can also deactivate personalised advertising in Google’s advertising settings. You can find an introduction to this at https://support.google.com/ads/answer/2662922 You can also deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the opt-out instructions.
You will find more information as well as Google’s data protection declaration at: https://www.google.de/policies/privacy/

 
Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Contact us at any time. Our contact details can be found in our imprint.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
last update: 25.04.2018

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