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office@wetzberg.com

General terms and conditions of business

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of WetzBerg - apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed in writing. If the seller has a long-term business relationship with the customer, these terms and conditions apply even if their validity is not specifically pointed out. The General Terms and Conditions also apply to subsequent orders, even if they are not separately agreed verbally or in writing.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 Employees of our company are prohibited from making promises that deviate from these conditions. Oral agreements are only effective if they are confirmed in writing by the seller.

 

2. Conclusion of contract

2.1 The customer's order represents an offer. A contract is only concluded after acceptance by the seller. The customer will be informed of the seller's acceptance by email.

2.2 The order is placed in the following steps:

     a) Selection of the desired goods
b) Personal information, shipping and billing address
c) Selection of the payment method
d) Checking the information and, if necessary, correcting the data entered
e) Confirmation by clicking on the “Order with payment” button
f) Binding dispatch of the order
g) Information window with the note: “Thank you for your order! You will soon receive an order confirmation by email."

2.3 An order is only possible if all mandatory fields marked * in the order form are filled out. If information is missing or the seller cannot fulfill the order for other reasons, the customer will receive an error message. Before the order is finally sent, the customer is given the opportunity to correct his order. The customer receives supporting detailed information directly during the ordering process. As soon as the ordering process is completed, the customer will see an information window saying “Thank you for your order! You will soon receive an order confirmation by email. This notification from the seller does not constitute acceptance of the customer's offer.

2.4 When the order has been received by the seller, the customer will be informed of the receipt of his order via the email address he provided. This notification by the seller does not constitute acceptance of the customer's offer.

2.5 The customer is bound to his order for 5 days from receipt of this order by the seller. The statutory right of withdrawal (right of withdrawal) remains unaffected. The customer can see the day on which the order was received from the confirmation of receipt.

2.6 The purchase contract is not saved by the seller. If the customer wants to save the contract text after placing his order, he can proceed as follows: Use the usual function of your Internet service program (= browser: usually "File" -> "Save as"). You can also download and archive this document in PDF form using the "Save as PDF" function. To open the PDF file, you will need the free Adobe Reader program (at http://www.adobe.de) or comparable programs who know the PDF format.

2.7 The customer can also simply archive the data of his order by saving the data summarized on the last page of the ordering process in the online shop using the functions of his browser or by waiting for the email with which the seller accepts the customer's offer accepts. This email also contains the details of your order and the general terms and conditions or other information requirements and can be easily printed out or saved with an email program.

2.7 The contract language is German.

2.8 The seller's (non-binding) offer is aimed exclusively at customers with their registered office, residence or habitual abode in Austria and the states of the European Union (EU).

 

3. Right of withdrawal/right of withdrawal

3.1 The term “right of withdrawal” commonly used in Austria corresponds to the term “right of withdrawal” commonly used in Germany and used in the Consumer Rights Directive. The seller therefore uses the synonymous pair of terms “right of withdrawal (right of withdrawal)”. Only the term “right of withdrawal” is used in the cancellation policy. This is synonymous with the Austrian term “right of withdrawal”. 

3.2 Details can be found in the cancellation policy.

 

4.     Prices, payment terms and late payment interest

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are stated in the seller's online shop and in the delivery and payment conditions section.

4.4 If immediate transfer (advance payment) has been agreed upon when purchasing via the online shop, payment is due immediately after conclusion of the contract. 

4.5 If you select the payment method “PayPal”, payment will 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 under the PayPal Terms of Use, which can be viewed at https:// www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

4.6 When paying by credit card, payment is processed via the payment service provider Stripe Payments Europe, Ltd. (“Stripe”) subject to the Stripe Terms of Service.

4.7 If the customer defaults on payment, the seller is entitled, at his discretion, to demand compensation for the damage actually incurred or interest on arrears at the statutory rate. For consumers, this is: 4% p.a., for entrepreneurs: 9.2% p.a. above the base interest rate.

4.8 The seller is entitled to demand compound interest in the event of late payment by the customer from the day the goods are handed over.

 

5. Dunning and collection costs

In the event of late payment, the customer undertakes to reimburse the seller for any reminder and collection costs incurred to the extent that they are necessary for appropriate legal prosecution. In the case of entrepreneurial transactions, this includes a flat rate of EUR 40 as compensation for operating costs in accordance with Section 458 UGB. The assertion of further rights and claims remains unaffected.

 

6. Delivery and shipping conditions

6.1 The seller is only obliged to carry out the service once the customer has fulfilled all of his obligations required for execution.

6.2 The seller is entitled to exceed the agreed dates and delivery times by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.

6.3 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.

6.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or to a third party designated by the customer and other than the carrier. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, passes to the customer as soon as the seller has handed over the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment, if the The customer commissions the freight forwarder, freight forwarder or other person or institution designated to carry out the shipment to carry out the shipment itself and the seller instructs the customer to use this freight forwarder, freight forwarder or other person to carry out the shipment Sending has not previously suggested a specific person or institution as a choice.

6.5 Self-collection will also be possible in the future

 

7. Delay in acceptance

7.1 If the customer has not accepted the goods as agreed (delay in acceptance), the seller is entitled, after unsuccessfully setting a grace period, to either store the goods at his premises, for which the seller can charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or at costs and risk of the customer to be stored by an authorized professional. At the same time, the seller is entitled to either insist on fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and use the goods elsewhere.

7.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .

 

8. Warranty

If there are defects, the statutory warranty regulations apply. Deviating from this: 

8.1 For entrepreneurs

1. an insignificant defect generally does not give rise to any warranty claims; 
2. the seller has the choice of the type of remedy; 
3. the statute of limitations does not begin again if a replacement delivery is made within the scope of the warranty.

8.2 If the customer acts as an entrepreneur, he is subject to the obligation to investigate and give notice of complaints in accordance with Section 377 of the German Commercial Code (UGB). If these are omitted, the goods are deemed to have been approved.

8.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier of this. If the customer (consumer) does not comply with this, this will have no impact on his warranty claims. 

8.4 Complaints based on statutory warranty claims or other complaints can be made using the contact details given in the legal notice.

8.5 The seller bears the return and shipping costs when replacing defective goods within the scope of the statutory warranty if the customer is a consumer.

 

9. Damages

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - to damage to items taken over for processing. Unless it is a consumer transaction, the injured party must prove the existence of slight or gross negligence. The provisions regarding damages contained in these General Terms and Conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

 

10. Indemnification in the event of violation of third party rights

If, according to the content of the contract, in addition to delivering the goods, the seller is also responsible for processing the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for the purpose of processing does not violate the rights of third parties (e.g. copyrights or trademark rights). . The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.

 

11. Retention of title

11.1 The seller reserves ownership of the delivered goods until the purchase price has been paid in full. The buyer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

11.2 If the buyer defaults on payment, the seller is entitled to assert its rights under the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless the seller expressly declares withdrawal from the contract. Any withdrawal by the seller is without prejudice to the right to compensation for non-performance. In addition, the buyer owes the seller an appropriate fee for the use of the purchased item. The seller must reimburse the buyer for payments received within 14 days of returning the purchased item, provided that there are no claims under the previous paragraph or these have previously been paid by the buyer.

11.3 The buyer undertakes to notify the seller by email of any legal action or enforcement action regarding the purchased item within 7 working days of delivery of the written document initiating proceedings.

11.4 If the buyer sells the delivered goods to a third party before he has paid the purchase price in full to the seller, the buyer hereby assigns the purchase price to which he is entitled from the resale to this third party to the seller as security for the (remaining) purchase price claim.

11.5 The buyer undertakes to make an entry in his trading books about the transfer of the resale proceeds at the latest at the same time as the resale. 

11.6 If the buyer sells the delivered goods to a third party for cash payment before he has paid the purchase price in full to the seller, he will accept the amount necessary to pay the (remaining) purchase price claim from the resale proceeds in trust for the seller. He is obliged to mark and keep this amount separate from his other assets and as the seller's trust money. The escrow deposit must be paid into the seller's bank account (IBAN: AT27 1420 0200 1131 2951) immediately and without any objections or objections. The waiver of defense does not include the buyer's claims against the seller based on a legally binding judgment or claims acknowledged in writing by the seller.

 

12. Right of withdrawal of the seller/unauthorized party

12.1 In the event of default in acceptance (point 7) or other important reasons, such as late payment by the customer, the seller is entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal, if the customer is at fault, the seller has the choice of demanding flat-rate compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults on payment, the seller is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.

12.2 If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, the seller has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; In the latter case, the customer is obliged to pay, at the seller's discretion, a flat-rate compensation of 15% of the gross invoice amount or the damage actually incurred.

 

13. Right of retention

If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only an appropriate part of the gross invoice amount if the complaint is justified - except in cases of reversal.

 

14. Redeeming promotional vouchers

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

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

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

14.4 Only one promotional voucher can be redeemed per order.

14.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

14.6 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 chosen to pay the difference.

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

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

14.9 The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

 

15. Place of performance/applicable law

15.1 The place of performance is the seller's registered office.

15.2 Auf diesen Vertrag ist materielles österreichisches Recht unter Ausschluss der Verweisungsnormen des internationalen Privatrechts (z.B. EVÜ, ROM-I VO) und des UN-Kaufrechtes anwendbar. Gegenüber einem Verbraucher gilt diese Rechtswahl nur insoweit, als dadurch keine zwingenden gesetzlichen Bestimmungen des Staates, in dem er seinen Wohnsitz oder gewöhnlichen Aufenthalt hat, eingeschränkt werden.

 

16. Place of jurisdiction

The contractual partners agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject matter jurisdiction at the seller's registered office has exclusive local jurisdiction to decide all disputes arising from this contract.

18.3 In the event of a warranty claim, please contact us as the guarantor:

office@WetzBerg.com

WetzBerg Autoteile & Autohandel e.U.
Eisengasse 7a/29
2604 Theresienfeld
Austria


A notice:

Your legal rights against us arising from the purchase contract concluded with us are in no way restricted by this guarantee promise. In particular, any existing statutory warranty rights towards us remain unaffected by this guarantee promise.
If the purchased item is defective, you can always contact us within the scope of the statutory warranty, regardless of whether there is a warranty claim or the warranty is being used.

 

19. Severability clause

Should provisions of this contract be legally ineffective, invalid and/or void, or become so in the course of their duration, this will not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with one that is legally effective and valid and in its economic impact of the replaced provision - as far as possible and legally permissible - corresponds.

 

20. Privacy and Cookie Policy

PRIVACY POLICY

This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it as well as external online presences, such as our social media profile (hereinafter collectively referred to as the “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

 

RESPONSIBLE

Marcel Schwetz

Eisengasse 7a/29

2604 Theresienfeld

Austria

office@wetzberg.com

 

TYPES OF DATA PROCESSED:

  • Inventory data (e.g., names, addresses).
  • Contact details (e.g., email, telephone numbers).
  • Content data (e.g., text entries, photographs, videos).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Meta/communication data (e.g., device information, IP addresses).

 

CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offering (hereinafter we refer to the affected persons collectively as “users”).

 

PURPOSE OF PROCESSING

  • Provision of the online offer, its functions and content.
  • Answering contact requests and communicating with users.
  • Security measures.
  • Reach measurement/marketing

 

TERMS USED

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any operation or series of operations relating to personal data, carried out with or without the aid of automated procedures. The term is broad and encompasses virtually every way data is handled.
“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any type of automated processing of personal data, which consists in using that personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or movements of that natural person.
The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.

 

APPLICABLE LEGAL BASIS

In accordance with Article 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the The legal basis for processing to protect our legitimate interests is Article 6 (1) (f) GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

 

SAFETY MEASURE

We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

 

COLLABORATION WITH PROCESSORS AND THIRD PARTIES

If, as part of our processing, we disclose data to other people and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, according to Art. 6 Para. 1 lit. b GDPR is necessary for the fulfillment of the contract), you have consented, a legal obligation requires this or on the basis of our legitimate interests (e.g Use of agents, web hosts, etc.). 
If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

 

TRANSFERS TO THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, based on your consent, based on a legal obligation or based on our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

 

RIGHTS OF THE DATA SUBJECTS

You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority. If you notice problematic or illegal content, please contact us immediately. You can find the contact details in the legal notice. Copyright notice All contents of this website (images, photos, texts, videos) are subject to copyright. If necessary, we will take legal action against unauthorized use of parts of the content on our site. Image credits The images, photos, graphics and texts on this website are protected by copyright.

The image and text rights belong to the following photographers and companies: WagnerTuning, Wiechers Gmbh, Liqui-moly GmbH, Maxtondesign, Ingo Noak Tuning, Hp-Drivetech GmbH, Airlift, Heinrich Eibach GmbH, KW-Automotive GmbH, Schmidt Revolution, Remus Innovation GmbH , Supersprint, S-Performance GmbH, Mishimoto, HG-Motorsport GmbHHH, SCHROTH Safety Products GmbH, Boost Products GmbH, Sonax GmbH, Koch-Chemie GmbH, Recaro Holding GmbH, Nuke Performance AD, Sparco GmbH, GEWE Reinfengrosshandel GmbH, Vibrant Performance, VF-Engineering, Supertech, ARMA Speed ​​Int, Rotiform Wheels inc, Vossen-Wheels, OZ-S.p.A, Design Engineering Inc, Garrett Motion Inc, Borg- Warner, HJS Emmission Technology GmbH & Co-Kg, icengineworkd.inc, Brembo S.p.A., AC-Schnitzer GmbH, BMC Airfilter, Rieger Tuning GmbH, Vredestein, AP-Sportfahrwerke, Tomason GmbH, MAK S.p.A, 4-Tuner Autodesign e.K., Eisenmann Exhaust Systems GmbH, AVO Fahrzeugtechnik GmbH & CO. KG, FIS-Control, Mapco Autotechnik GmbH, 3M Österreich GmbH, Rupes S.p.A, FLEX Elektrowerkezeuge GmbH, Foliatec Böhm GmbH & Co.Vertriebs KG, K&N Engineering Inc, SKÖL Wheels LLC, Petzoldts OHG, Motodox GmbH, Alfred Kärcher GmbH, ValetPRO, Meguiar's Austria,

 

Newsletter

"E-mail advertising with registration for the newsletter

If you register for our newsletter, we will use the data required for this or provided separately by you to regularly send you our email newsletter based on your consent in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR.

You can unsubscribe from the newsletter at any time and can do so either by sending a message to the contact option described below or via a link provided in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this declaration."

Unsubscribe from the newsletter by email to:

office@wetzberg.com

 

RIGHT OF WITHDRAWAL

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future

 

RIGHT TO OBJECT

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

 

COOKIES AND RIGHT TO OBJECT TO DIRECT ADVERTISING

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status.

Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. Such a cookie can also store the interests of the users, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

 

Information when accessing the page:

This site uses cookies. Cookies are required for unrestricted use of the website. Please agree to the use of cookies in order to be able to use all functions of the website. You can find detailed information about the use of cookies on this website in our data protection declaration. At this point you can also revoke your consent to the use of cookies.

We can use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

 

DELETION OF DATA

The data we process will be deleted or its processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation). documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters). 
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

 

COMMERCIAL PROCESSING

Additionally we process
- Contract data (e.g., subject of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT

We process our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.

The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services as part of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

Processing is carried out on the basis of Article 6 Paragraph 1 Letter b (Execution of ordering processes) and c (Lawfully required archiving) GDPR. The information marked as necessary is required to establish and fulfill the contract. We only disclose the data to third parties as part of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account, in particular by being able to view their orders. As part of registration, the required mandatory information is provided to users. User accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons in accordance with Article 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the users' responsibility to back up their data before the end of the contract if the contract is terminated.

As part of the registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

The deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is checked every three years; In the case of legal archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

EXTERNAL PAYMENT SERVICE PROVIDERS

We use external payment service providers via whose platforms users and we can carry out payment transactions (e.g., each with a link to the data protection declaration, 

  • Stripe (https://stripe.com/at/privacy)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), 
  • Klarna (https://www.klarna.com/de/datenschutz/), 
  • Visa (https://www.visa.de/USE Conditions/visa-privacy-center.html)

As part of the fulfillment of contracts, we use the payment service providers on the basis of Article 6 Paragraph 1 Letter b. GDPR. Furthermore, we use external payment service providers based on our legitimate interests in accordance with Article 6 Paragraph 1 Letter f of the GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract details, amounts and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this we refer to the General Terms and Conditions and

 

Data protection information from payment service providers.

The terms and conditions and data protection notices of the respective payment service providers apply to payment transactions, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected.

Credit check If we make advance payments, e.g. when purchasing on account, it is necessary to obtain identity and creditworthiness information from specialized service companies (credit agencies) in order to conclude the contract in accordance with Art. 22 Para. 2 lit. a GDPR. For this purpose, we transmit your personal data required for a credit check to the following company(s): SCHUFA Holding AG Kormoranweg 5 65201 Wiesbaden

Appropriate measures to protect your rights, freedoms and legitimate interests will be taken into account. You have the opportunity to express your point of view and contest the decision by contacting us using the contact option described below. After the contract has been fully processed, your data processed for this purpose will be deleted unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration."

 


ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT

We process data as part of administrative tasks such as organizing our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The basis for processing is Article 6 Paragraph 1 Letter c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

 

BUSINESS ANALYSIS AND MARKET RESEARCH

In order to operate our business economically and to recognize market trends and the wishes of contractual partners and users, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art 6 Paragraph 1 lit. f. GDPR, whereby the persons affected include contractual partners, interested parties, customers, visitors and users of our online offering.

The analyzes are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information, for example about the services they use. The analyzes help us to increase user-friendliness, optimize our offering and improve business efficiency. The analyzes are for our sole purpose and are not disclosed externally unless they are anonymous analyzes with summarized values.

If these analyzes or profiles are personal, they will be deleted or anonymized when the user terminates their contract, otherwise after two years from the conclusion of the contract. Furthermore, the overall business analyzes and general trend determinations are created anonymously if possible.

 

PARTICIPATION IN AFFILIATE PARTNER PROGRAMS

Within our online offering, we use industry-standard tracking measures based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering) in accordance with Art. 6 Para. 1 lit. f GDPR, to the extent that these are necessary for the operation of the affiliate system. Below we explain the technical background to users.

The services offered by our contractual partners can also be advertised and linked on other websites (so-called affiliate links or after-buy systems, for example if links or third-party services are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and then take advantage of the offers.

In summary, it is necessary for our online offering that we can track whether users who are interested in affiliate links and/or the offers available from us subsequently take advantage of the offers at the instigation of the affiliate links or our online platform. For this purpose, the affiliate links and our offers are supplemented by certain values, which can be part of the link or set elsewhere, e.g. in a cookie. The values ​​include in particular the source website (referrer), time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking information. specific values ​​such as advertising material ID, partner ID and categorizations.

The online user identifiers we use are pseudonymous values. This means that the online identifiers themselves do not contain any personal data such as names or email addresses. They only help us to determine whether the same user who clicked on an affiliate link or was interested in an offer via our online offer took advantage of the offer, i.e., for example, concluded a contract with the provider. However, the online identifier is personal to the extent that the partner company and we also have the online identifier together with other user data. This is the only way the partner company can tell us whether the user has taken advantage of the offer and whether we can, for example, pay out the bonus.

 

REGISTRATION FUNCTION

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and processed on the basis of Article 6 Paragraph 1 Letter b GDPR for the purposes of providing the user account. The data processed includes, in particular, login information (name, password and an email address). The data entered during registration will be used for the purposes of using the user account and its purpose.

Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to a legal retention requirement. It is the users' responsibility to back up their data before the end of the contract if the contract is terminated. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and login functions and the use of the user account, the IP address and the time of the respective user action are stored. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.

 

CONTACT US

When contacting us (e.g. via contact form, email, telephone or via social media), the user's information is processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; The statutory archiving obligations also apply.

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