TERMS OF SERVICE
§1 General Scope:
The following general terms and conditions apply to all business relationships between:
Sabine Gauch
Gotthilf-Turner Str. 22
D-70499 Stuttgart
and the customer. The version valid at the time the contract is concluded is decisive.
§2 Conclusion of contract:
(1) The presentation of works of art on the Internet does not constitute an offer, but is only a non-binding and non-binding invitation to the customer to make purchase inquiries. The online representations may differ slightly from the ordered works of art. For technical reasons, the color rendering in particular is not 100% reliable.
(2) With the purchase request for the work of art, the customer does not make a binding offer to conclude a purchase contract.
(3) If a purchase request is made via the website, receipt of the request will be confirmed by email, but this does not yet represent acceptance of the contract.
(4) The offer will be sent by e-mail if the goods are available and for sale.
(5) The contract is accepted by means of a written acceptance of the offer sent in advance by e-mail.
§3 Prices and delivery:
(1) Small business regulation: According to § 19 UStG, no sales tax is charged. In the case of special offers, the price offered is limited to the special offer. Details can be found in the respective description.
(2) If the customer has chosen delivery by courier, shipping costs will be added. The shipping costs depend on the weight and size of the ordered goods, as well as the shipping method, and are listed in the offer.
(3) For deliveries to countries outside the European Union, additional costs may arise 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 money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(4) All risks and dangers that may arise during the shipment of the goods are borne by the customer as soon as the goods have been handed over by Sabine Gauch to the deliverer or to the customer himself. Sabine Gauch is not liable for damage or loss of the purchased item that occurs after it has been handed over for transport. If necessary, these must be asserted against the deliverer.
§4 Terms of payment:
(1) Payment is made in advance. The delivery will take place after the payment.
(2) The customer receives an invoice for the invoice amount.
(3) If no payment is received within 14 days of the conclusion of the contract, Sabine Gauch's interest in the service no longer exists and Sabine Gauch makes use of her statutory right of withdrawal (§ 323 Para. 2 No. 2 BGB).
§5 Retention of title:
We reserve ownership of the goods until the purchase price has been paid in full. The goods may not be pledged or assigned as security without our written consent.
§6 Warranty:
(1) The customer is obliged to check the delivered goods for quality deviations immediately upon receipt and to report any complaints in writing within 14 working days, otherwise the assertion of warranty claims is excluded.
(2) In the case of complaints, the date of purchase must be proven with an invoice. Defects caused by transport, improper handling, changes to the delivered item or natural wear and tear are excluded. The customer bears the full burden of proof for all claims.
(3) Customary or minor, technically unavoidable deviations in quality, color, size, work or design may not be objected to.
§7 Right of withdrawal
(1) The customer has the right to withdraw from the contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which the customer took possession of the work of art.
In order to exercise the right of withdrawal, the customer must inform Sabine Gauch of his decision to withdraw from this contract by means of a clear statement by e-mail.
To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
(2) Consequences of revocation
If the customer revokes this contract, we have to repay all payments that we have received, with the exception of the shipping costs, immediately and at the latest within fourteen days from the day on which we received the notification of the revocation of this contract. For this repayment, we use the same means of payment that was used in the original transaction, unless expressly agreed otherwise. Repayment can be refused until we have received the goods back and checked them for completeness and integrity.
(3) The customer must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if the goods are sent before the period of fourteen days has expired.
(4) The customer bears the direct costs of returning the goods. The goods to be returned must be properly packaged. Transport damage caused by improper packaging will be charged to the customer. Proper packaging is only the original packaging or equivalent packaging.
(5) The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
(6) The right of withdrawal does not apply to deliveries of works of art that are made according to customer specifications or that are not suitable for return due to their nature.
§8 Confidentiality:
Customer data will of course be treated confidentially and not passed on to third parties. They are for internal use only.
§9 Final Provisions:
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.
(2) Ancillary agreements, assurances of properties, changes to the contract must be in writing. This written form agreement can only be deviated from by written agreement.
(3) Should individual provisions of the contract with the contractual partner, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to the ineffective one.
Data protection
1. Privacy at a glance
General information
The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed under this text.
Data collection on this website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice on the responsible body" in this data protection declaration.
How do we collect your data?
On the one hand, your data is collected when you communicate it to us. This can be z. B. be data that you enter in a contact form. Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Part of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request that the processing of your personal data be restricted. You also have the right to lodge a complaint with the competent supervisory authority. You can contact us at any time if you have any further questions on the subject of data protection.
Analysis tools and third-party tools
When you visit this website, your surfing behavior can be statistically evaluated. This is mainly done with so-called analysis programs.
Detailed information on these analysis programs can be found in the following data protection declaration.
2. Hosting
IONOS
We host our website at IONOS SE. The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter IONOS). When you visit our website, IONOS records various log files including your IP addresses. Details can be found in the IONOS data protection declaration:
https://www.ionos.de/terms-gtc/terms-privacy.
IONOS is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in our website being displayed as reliably as possible. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
3. General information and mandatory information
privacy
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. The present
Privacy Policy explains what data we collect and what we use it for. It also explains how and for what purpose this happens.
We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
Note on the responsible body
The responsible body for data processing on this website is:
Sabine Gauch
Gotthilf-Turner Str. 22
D-70499 Stuttgart
Email: Hello@SabineGauch.com
The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
storage duration
Unless a specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the data will be deleted once these reasons have ceased to exist.
General information on the legal basis for data processing on this website
If you have consented to the data processing, we will process your personal data on the basis of Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, if special data categories according to Article 9 Paragraph 1 GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Article 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g. via device fingerprinting), data processing is also based on Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Article 6 (1) (b) GDPR. Furthermore, we process your data if they are required to fulfill a legal obligation on the basis of Article 6 (1) (c) GDPR.
Data processing can also take place on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR. The following paragraphs of this data protection declaration provide information on the relevant legal bases in each individual case.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can ... a
revoke consent already given at any time. The legality of the up to the point of revocation
Data processing remains unaffected by the revocation.
Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)
If the data is processed on the basis of Article 6 Paragraph 1 Letter E or F GDPR, you have the right at any time to object to the processing of your personal data for reasons that arise from your particular situation; This also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims ( Objection according to Art. 21 Para. 1 GDPR).
If your personal data is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object, your personal data will then no longer be used for direct advertising purposes (objection according to Art. 21 Para. 2 GDPR).
Right of appeal to the competent supervisory authority
In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to anything else
administrative or judicial remedies.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done to the extent that it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have any further questions on the subject of personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:
If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the examination, you have the right to request that the processing of your personal data be restricted.
If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to demand that the processing of your personal data be restricted instead of being deleted.
If you have lodged an objection in accordance with Art. 21 (1) GDPR, your interests and ours must be weighed up. As long as it has not yet been determined whose interests prevail, you have the right to demand that the processing of your personal data be restricted.
If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State are processed.
Objecting to Promotional Emails
We hereby object to the use of contact data published as part of the imprint obligation to send unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.
4. Data collection on this website
cookies
Our website uses so-called "cookies". Cookies are small text files and do not cause any damage to your end device. They are stored on your end device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser. In some cases, cookies from third-party companies can also be stored on your end device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services). Cookies have different functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or to display advertising. Cookies that are required to carry out the electronic communication process, to provide certain functions you want (e.g. for the shopping cart function) or to optimize the website (e.g. cookies for measuring web audience) (necessary cookies). stored on the basis of Article 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies was requested, processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG); the consent can be revoked at any time. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted. If cookies are used by third-party companies or for analysis purposes, we will inform you of this separately in this data protection declaration and, if necessary, ask for your consent.
contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent. This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time. The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.
Inquiry by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent. This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time. The data you sent to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.
Source:
https://www.e-recht24.de