Terms of service

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 (Epter Necovski) via the cards89.net 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 including digital content (data created and delivered in digital form) .

(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
 
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) 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.

(5) 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 License to use digital content
 
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.
 
§ 4 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 is specified in the quote, we will send you a revised submission which must be checked by you without delay. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors.


§ 5 Special agreements related to the offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the 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; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


(2) Payment via "Mollie"
If you select a payment method offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie").
The individual payment methods via "Mollie" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com/de.


(3) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "Stripe" at https://stripe.com/de.


§ 6 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.


§ 7 Warranty

(1) The statutory warranty rights are applicable.

(2) If we notify you of this  prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:

- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.


(3) 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.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
 
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
 
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
 
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
 
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
 
§ 8 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.






II. Customer information

1. Identity of the seller

Epter Necovski
Britzerdamm, 148
12347 Berlin
Germany
Telephone: +4917632699321
E-Mail: cards89@outlook.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. 

5.4 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.

5.5 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.

5.6 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, Provision

6.1 The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and conditions of the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.

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: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2022







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 our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 
Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.

Contact

Responsible person
Contact us at any time. The person responsible for data processing is: Epter Necovski, Britzer Damm 148, 12347 Berlin Deutschland, 017632699321, support@cards89.net


Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 
Collection and processing when using the contact form 
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
 

WhatsApp Business
If you communicate with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited for this (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you have your residence outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The purpose of the data processing is to handle and respond to your contact request. For this purpose we collect and process your mobile phone number registered with WhatsApp and, if provided, your name and additional data to the extent provided by you. We use a mobile device for the service, the address book of which stores exclusively the data of users who have contacted us via WhatsApp. Disclosure of personal data to WhatsApp shall not take place unless you have already consented to this with respect to WhatsApp.
Your data are transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. 
For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: 
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in providing quick and easy communication as well as responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your personal data to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
For more information on terms of service and privacy when using WhatsApp, please visit https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.
 

Customer account      Orders      

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.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. 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 Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 
Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.


Evaluations       Advertising      

Data collection when you post a comment 
When you comment on an article or a contribution, we collect your personal data (name, email address, comment text) only in the scope provided by you. The processing serves to allow you to comment and to display comments. By submitting the comment you agree to the processing of the transmitted data. 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. You personal data will then be deleted.
 
On publication of your comment the name and email address you have enteredwill be published.

Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. 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 without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 
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 a mobile phone number for sending text message advertisements
We use your mobile phone number exclusively for our own advertising purposes for sending text message advertisements, irrespective of any contract processing, provided that you have expressly consented to this. The processing is carried out on the basis of Article 6 Para. 1 Letter 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 mobile phone number will then be removed from the distribution list.
 
Your mobile phone number will be passed on to a service provider for text message dispatch within the framework of order processing.


Payment service providers      

Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

All PayPal transactions are subject to PayPal Privacy Policy. You can find these at https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Use of PayPal Plus
On our website we use the PayPal Plus payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal, the data required for payment processing is transmitted to PayPal in order to enable us to fulfil the contract with you by means of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right, if necessary, to obtain a credit report on the basis of mathematical-statistical procedures using credit reporting agencies. For this purpose, PayPal transmits the personal data required for credit assessment to a credit agency and uses the obtained information on the statistical probability of a payment default in order to reach a reasonable decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for  contract initiation. The processing is carried out on the basis of art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if PayPal pays in advance.
For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.

Use of PayPal Express
Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.
To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 
The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR out of our overriding legitimate interest in a customer-oriented offer of different payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.
 
The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.

Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.

Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO.  For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:

- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)

Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.

For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Use of the payment service provider Stripe
On our website we use the Stripe payment service of Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The data processing serves the purpose of offering you payment via the payment service. By selecting and using Stripe, the data required for payment processing is transmitted to Stripe in order to be able to fulfil the contract with you with of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
If required, Stripe reserves the right to obtain a credit report on the basis of mathematical-statistical procedures using credit rating agencies. For this purpose, Stripe transmits the personal data required for credit assessment to a credit rating agency and uses the obtained information on the statistical probability of payment default in order to reach a reasonable decision on the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for  contract initiation. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Stripe pays in advance.
For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying Stripe. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.
All Stripe transactions are subject to Stripe Privacy Policy. You can find these at https://stripe.com/de/privacy

Use of the payment service provider Mollie
 
We use the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie") for payment processing on our website. The purpose of the data processing is to be able to offer you different payment methods through the payment processing via the payment service provider Mollie. If you have chosen one of the payment options of the payment service provider Mollie, the data required for payment processing will be transmitted to Mollie. This includes your payment data (for example, bank account number or credit card number), your IP address, your Internet browser and device type, and in some cases your first and last name, address data and information about the product or service you purchased from us. This data processing is based on Art. 6 para. 1 lit. b DSGVO. For more information on data processing when using the payment service provider Mollie, please refer to the associated privacy policy https://www.mollie.com/de/privacy.
 

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.

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 be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as 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:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies 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.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Analysis      Advertising tracking      

Use of the Google Analytics
Our website uses the web analysis service Google Analytics from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes. 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. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google. Google Analytics uses technology such as cookies, web storage in the browser, and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. Google relies on standard contractual clauses as suitable guarantees for the protection of personal data, available at: https://policies.google.com/privacy/frameworks
 and https://business.safety.google/adsprocessorterms/.Both Google and the US government authorities have access to your data. Google may combine your data with other data, such as your search history, personal accounts, usage data from other devices and any other information Google has about you.
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.
The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics 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=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate 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/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.

 
Use of Facebook Pixel
Our website uses the remarketing function "Custom Audiences" by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland "Facebook").
Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the remarketing function "Custom Audiences" here.
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "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 Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads 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.
Your data may be transmitted to the USA. The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate personalised advertising in Google’s advertising settings. Instructions for this can be found at https://support.google.com/ads/answer/2662922?hl=de.
Alternatively, you can prevent 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 further opt-out instructions specified there.
You then won’t be included in the conversion tracking statistics.
You can find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/

Use of Google AdSense
Our website uses the AdSense function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
The data processing serves the purpose of renting out advertising space on the website and using these to address visitors to the website with targeted, interest-related advertising.
This function displays personalised, interest-related adverts from the Google display network to visitors to the website. 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. Your data may also be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adscontrollerterms/. Google may also transmit this data to third parties if this is required by law or the third party is processing the data on behalf of Google. On no account will Google associate your IP address with other Google data. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can permanently deactivate the use of cookies by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de.
Alternatively, you can prevent 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 further opt-out instructions specified there.
You will find more information as well as Google’s data privacy policy at: https://www.google.com/policies/technologies/ads/ and https://www.google.de/policies/privacy/


Plug-ins

Use of the Google Tag Manager
Our website uses the Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html

 
Use of social plug-ins via “Shariff”
Our website uses social network plug-ins. We use data protection-compliant “Shariff” buttons to ensure that you retain control over your data.No connection is made to the social network servers and no data submitted without your explicit consent. “Shariff” was developed by specialists at the computer magazine c't. It enables more personal privacy in the network and replaces the usual social network "share" buttons. You can find more information on the Shariff project here https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html.
When you click the buttons a pop-up window appears, allowing you to log on with the relevant provider using your data. It is only after you actively login that a direct connection to the social network is set up. By logging in, you give your permission for the transfer of your data to the respective social media provider. At this time, information such as your IP address and which websites you have visited is transmitted. Should you be connected simultaneously with one or more of your social network accounts, the information collected is also assigned to your corresponding profiles. Therefore, you can only prevent this assignment by logging yourself out before visiting our website and before activating the button for your social media accounts. The social networks listed below are integrated with the “Shariff” function. You can find more detailed information on the scope and purpose of collection and use of the data, your associated rights and options for protecting your privacy in the provider’s privacy policy via the link.
 
Facebook by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
https://www.facebook.com/policy.php
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum.
Instagram by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland)  https://help.instagram.com/155833707900388.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.

Pinterest by Pinterest Inc. (635 High Street, Palo Alto, CA, 94301, USA) https://policy.pinterest.com/en/privacy-policy
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.

Twitter by Twitter Inc. (1355 Market Street, Suite 900, San Francisco, CA 94107, USA) https://twitter.com/privacy
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.

Use of GoogleMaps
Our website uses the function for embedding Google Maps by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
This feature visually represents geographical information and interactive maps. Google also collects, processes, and uses data on visitors to the website when they call up pages with embedded Google maps.
Your data may also be transmitted to the USA. Your data may also be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by Google, your rights and privacy can be found in Google’s privacy policy at https://www.google.com/privacypolicy.html. You also have the option of changing your settings in the data protection centre, allowing you to administer and protect the data processed by Google.

Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. 
The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks
The data processing is carried out on the basis of Article 6(1)(f ) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).

Use of Google Translate
We use the translation service of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on our website via API integration. The data processing serves the purpose of presenting the information provided on the website in a different language. In order for the translation to be automatically displayed after you have selected a national language, the browser you are using connects to the Google servers. Cookies may be used for this purpose. Thereby, among other things, the following information can be collected and processed: IP address, URL of the page visited, date and time. Your data may be transferred to the USA. There is no EU Commission adequacy decision for the USA. The data is transmitted, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks. Your personal data is processed on the basis of Art. 6 para. 1 lit. f GDPR from our overriding legitimate interest in a barrier-free and universal accessibility design of the website. For reasons that arise from your particular situation, you have the right to object to this processing of your personal data at any time. You can prevent the use of cookies by selecting the appropriate technical settings on your browser software, however please note that in such case you may not be able to use the full functionality of this website.You can find more information on the collection and use of your data by Google at: https://www.google.com/policies/privacy/.


Rights of persons affected and storage duration

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.
 
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.
 
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
Besuchereingang: Puttkamerstr. 16 – 18 (5. Etage)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de

Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.

last update: 29.11.2022

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