1. Information about the collection of personal data and contact details of the responsible person.
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is Boris Kim Benjamin Leist, Simrockstraße 56, 40235 Düsseldorf, Germany, phone: +49 175 178 95 79, e-mail: firstname.lastname@example.org
The controller of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or requests to the controller). You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.
2. Data collection when visiting our website
During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively should concrete indications point to illegal use.
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 DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect 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 in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
4. Contacting us
When contacting us (e.g. via contact form or e-mail), personal data is processed – exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose. The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at a contract, additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5. Data processing for order processing
As far as necessary for the processing 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 Para. 1 lit. b DSGVO.
For the processing of your order, we further cooperate with the following service provider(s), which support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
6. Page functionalities
6.1 Facebook plugins with 2-click solution
Our website uses so-called social plugins (“plugins”) of the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
To increase the protection of your data when visiting our website, the plugins are initially deactivated by means of a so-called “2-click” solution integrated into the page. You can recognize deactivated plugins by the fact that they are grayed out. This integration ensures that when you call up a page of our website that contains such plugins, no connection is yet established with the Facebook servers. Only when you activate the plugins and thus give your consent to the data transfer in accordance with Art. 6 (1) lit. a DSGVO, your browser establishes a direct connection to the Facebook servers. The content of the respective plugin is transmitted directly to your browser and integrated into the page. The plugin then transmits data (including your IP address) to Facebook. We have no influence on the scope of the data that Facebook collects with the help of the plugins. To our knowledge, Facebook in any case receives information about which of our websites you have currently and previously accessed. By integrating the plugins, Facebook also receives the information that your browser has accessed the corresponding page of our website if you do not have a profile on Facebook or are not currently logged in. The information collected (including your IP address) is transmitted from your browser directly to a Facebook Inc. server in the USA and stored there. If you interact with the plugins, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed there to your contacts. You can revoke your consent at any time by deactivating the activated plugin by clicking on it again. However, the revocation does not affect the data that has already been transferred to Facebook.
6.2 Use of Youtube videos
This website uses the Youtube embedding function to display and play videos from the provider “Youtube”, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
6.3 Use of Vimeo videos
Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on our website. When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Vimeo. The content of the plugin is transmitted by Vimeo directly to your browser and integrated into the page. Through this integration, Vimeo receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Vimeo account or are not currently logged in to Vimeo. This information (including your IP address) is transmitted by your browser directly to a Vimeo server in the USA and stored there.
If you are logged in to Vimeo, Vimeo can directly assign your visit to our website to your Vimeo account. If you interact with the plugins (such as pressing the start button of a video), this information is also transmitted directly to a Vimeo server and stored there.
If you do not want Vimeo to directly assign the data collected via our website to your Vimeo account, you must log out of Vimeo before visiting our website.
For videos from Vimeo that are embedded on our site, the tracking tool Google Analytics of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, is automatically integrated. This is Vimeo’s own tracking, to which we have no access and which cannot be influenced by our site. Google Analytics uses so-called “cookies” for tracking, which are text files that are stored on your computer and allow an analysis of your use of the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
All processing described above, in particular the reading of information on the end device used via the tracking pixel, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) lit. a DSGVO. Without this consent, Vimeo videos will not be used during your visit to the site.
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 via alternative options communicated to you on the website.
7. Rights of the Data Subject
7.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise prerequisites:
7.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
8. Duration of the storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Boris Kim Benjamin Leist (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively by individual communication within the meaning of § 312j para. 5 sentence 1 BGB. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of contract
2.1 The Customer may send a non-binding request for the submission of an offer to the Seller by telephone, e-mail, post or via the online contact form provided on the Seller’s website. Upon the Customer’s request, the Seller shall send the Customer a binding offer in text form (e.g. by e-mail, fax or letter) for the sale of the goods previously selected by the Customer from the Seller’s range of goods.
2.2 The Customer may accept this offer by submitting a declaration of acceptance to the Seller by e-mail or by paying the purchase price offered by the Seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer shall not be included in the calculation of the deadline. For acceptance by payment, the day of receipt of payment by the Seller shall be decisive. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday, or a general holiday recognized by the state at the Customer’s registered office, the next working day shall take the place of such a day. If the Customer does not accept the Seller’s offer within the aforementioned period, the Seller shall no longer be bound by its offer and may again freely dispose of the goods. The seller will again specifically point this out to the customer in his offer.
3. Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4. Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the Seller’s offer.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for 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 funds 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 offer.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed.
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 shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply to the return costs.
5.3 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.4 The Seller reserves the right to withdraw from the contract in case 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, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6. Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer 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.
8. Applicable Law, Contract Language
8.1 The law of the Federal Republic of Germany 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 The language of the contract shall be German.
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 purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Boris Kim Benjamin Leist, Simrockstraße 56, 40235 Düsseldorf, Germany, Phone: +49 175 178 95 79, E-mail: email@example.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
Boris Kim Benjamin Leist
(*) Cross out where not applicable