Conditions
Right of Withdrawal
GDPR
Conditions
1. Scope
1.1 Deliveries, services and offers from our company are made exclusively on the basis of these general terms and conditions; we do not recognize any conflicting or deviating conditions unless we have expressly agreed to their validity.Contract performance on our part does not constitute consent to contractual conditions that deviate from our conditions. These terms and conditions also apply to all further legal transactions between us and customers. These terms and conditions of the company GENIALE SANDALE Anika Radl (hereinafter "seller") 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 .
1.2 The range of goods offered by Geniale Sandale is aimed exclusively at buyers / consumers who have reached the age of 18. A consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2. Contractual partner, customer service
The purchase contract is concluded with genialesandale.at. More information about us can be found in the imprint. You can reach our customer service for questions, complaints and complaints at info (at) genialesandale.at or the telephone number +43 664 506 70 71
3. Conclusion of a contract
3.1 The product descriptions / product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data and by clicking the button that concludes the ordering process (Order for a fee), the customer submits a legally binding contract offer for the goods in the shopping cart.
3.3 The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. The confirmation of receipt of the order (order confirmation) follows immediately after the order has been sent and does not yet constitute an acceptance of the contract. The seller is entitled to refuse to accept the order.
3.4 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
4. Delivery and shipping conditions
4.1 The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
4.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation through refused acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had announced the performance to him a reasonable time in advance.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when they are handed over. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sales by mail is transferred to a suitable transport person when the goods are delivered to the seller's place of business.
4.4 Delivery to packing stations is not possible.
4.5 If a certain article is not available, the seller will send an article of equal quality and price (replacement article) after consultation in individual cases. The customer can also return this if he does not like it within the scope of the existing right of withdrawal.
4.6 The seller is entitled to make partial deliveries if these are reasonable for the customer. If partial deliveries are made by the seller, the seller will of course assume the additional shipping costs.
4.7 The customer is obliged to check the shipment for completeness and intactness immediately upon receipt. If the package is damaged, the customer must immediately complain to the deliverer.
In addition to the stated product prices, shipping costs are added. Within Austria these amount to € 2.70, EU-wide they amount to € 4.90, insured shipping for the rest of Europe is € 7.90. Worldwide shipping costs € 9.90.
5. Prices and terms of payment
The prices quoted by the seller are final prices and include the statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description. You consent to receiving invoices, credits and reminders in electronic or paper form. Payment is made in advance, credit card or PayPal.
5.1. Prepayment / transfer
If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Please note that we only accept payments from accounts within the European Union (EU). You have to bear any costs of a money transaction.
If prepayment is agreed, the payment is due immediately after conclusion of the contract. The item will only be sent to you after the full purchase price has been credited. If your advance payment has not been received on our account within a further seven days after receipt of a payment request, despite the due date, we can withdraw from the purchase contract.
5.2. Credit card
You pay the invoice amount through the online provider Stripe.
5.3. Paypal
You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data, you can confirm the payment order to us. You'll get more information during the ordering process.
6. Retention of title Transport damage
6.1. In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal person under public law or a special fund under public law, we reserve the ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
6.2. You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
6.3. If the customer is in arrears with any payment obligations, all existing claims are due immediately.
6.4. If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
7. B-Grade products
We offer inexpensive B-Grade Products. This means that the goods are excluded from grounds for complaint. The consumer is informed in detail in the product description that the goods are faulty and that no compensation will be paid. Products marked as B-Grade products cannot be exchanged or returned. The liability for defects does not apply to B-Grade products.
8. Liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller has unlimited liability for any legal reason
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in case of intent or gross negligence,
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in the event of negligent or willful injury to life, body or health,
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due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
8.3 Any other liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Applicable law, place of jurisdiction, contract language
9.1 The place of jurisdiction for consumers is based on the statutory provisions. Otherwise, the competent court at the company's headquarters is the place of jurisdiction. Austrian law applies unless provisions to protect consumers speak against it. If the consumer has his domicile or habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court can be established for a lawsuit against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN in whose district the place of residence, habitual abode or place of employment is located; this does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the consumer's place of residence are also applicable to the contractual relationship
9.2 The applicability of the UN sales law is expressly excluded.
9.3 The contract language is German.
RIGHT OF WITHDRAWAL
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or, in the case of partial deliveries, the last delivery. In order to exercise your right of cancellation, you must send the cancellation to Geniale Sandale, Anika Radl, Björnsongasse 12, 1130 Vienna,
E-mail: info@genialesandale.at by means of a clear declaration ( e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose. However, this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear declaration using the contact form on our website. If you make use of this option, we will send you a confirmation of receipt of your revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
To company Geniale Sandale, Björnsongasse 12, 1130 Vienna
Email: info@genialesandale.at
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- date
(*) Delete where inapplicable
The revocation must be sent to:
Geniale Sandale
Björnsongasse 12
1130 Vienna
Austria
Email: info (at) genialesandale.at
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The return costs are to be borne by the consumer. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
Exclusion of the right of withdrawal
The right of revocation does not apply to distance sales contracts for the delivery of goods that have been manufactured according to customer specifications or explicitly ordered at the customer's request, are also clearly tailored to personal needs, or which are not suitable for a return due to their nature or which can spoil quickly or whose expiry date would be exceeded, for the delivery of audio or video recordings or software if the delivered data carriers have been sealed by the consumer or for the delivery of newspapers, magazines and magazines, unless the consumer has made his contract declaration by telephone.
General information
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Please avoid damage and contamination of the product. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage.
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Please do not send the goods back to us freight collect. We will also be happy to reimburse you for the postage costs in advance, provided you do not have to pay them yourself.
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Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
PRIVACY - GDPR
Data protection
We are pleased that you are visiting our website and thank you for your interest in our company and our products. The protection of your privacy when using our website is important to us. Therefore, please take note of the following information:
1. Legal basis
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Adjustment Act 2018 serve the right to the protection of personal data. We process your data exclusively on the basis of the statutory provisions (DSGVO, DSG 2018, TKG 2003).
2. Basics
2.1. The person responsible is Anika Radl, Björnsongasse 12, 1130 Vienna, info(at)genialesandale.at
2.2. It is particularly important to us to protect and securely store all personal data that you entrust to us. In this document you will learn more about how we use and process your personal data.
3. Earmarking, legal basis, storage period and data recipient
3.1. In principle, you can visit our website without us collecting personal data from you. Personal data is only collected if you provide it to us of your own accord to execute a contract, when opening a customer account or when contacting us. We need the collected personal data for the fulfillment of the contract, processing of your inquiries, billing, assertion of contractual claims, for customer service purposes and for advertising purposes. The data is collected, saved, processed and used for this purpose.
3.2. The legal basis for the processing of your personal data is on the one hand the fulfillment of a contract (e.g. online shopping), legitimate interests, the fulfillment of our legal or contractual obligations and on the other hand your consent (e.g. contact form, newsletter, cookies). Failure to provide the data can have different consequences.
3.3. We process your personal data [name, address as well as e-mail and, if necessary, telephone number and date of birth], if necessary, for the duration of the entire business relationship (from initiation, processing to the termination of a contract) as well as in accordance with the statutory retention and Documentation obligations resulting from the Company Code (UGB), the Federal Fiscal Code (BAO) and until the end of any legal dispute, ongoing warranty and guarantee periods, etc.
3.5. The data [name and address, e-mail and, if applicable, tel. Number] are also passed on to Austrian Post and our tax advisor Renate Dolezal.
4. Contact form
4.1. Your details including personal data from our contact form will be transmitted to us via our own mail server to process your request, processed further and stored by us. These data will not be collected or passed on without your declaration of consent. Without this data we cannot process your inquiries.
4.2. The data processing takes place on the basis of the legal regulations of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) GDPR.
5. Newsletter
5.1. You can register for our newsletter on the website using the double opt-in procedure. After registration, you will receive an email asking you to confirm your registration. The transmission of our newsletter is not possible without the disclosure of this data. You can unsubscribe from the newsletter by clicking the unsubscribe link at the end of each newsletter.
5.2. We do not commission processors to send our newsletter. Should we commission contract processors, e.g. in the event of a malfunction, they have committed themselves to compliance with the applicable data protection regulations. An order processing contract is then concluded in accordance with Art 28 GDPR. You can request more information about the contract processors commissioned by us at info (at) genialesandale.at.
5.3. The data processing takes place on the basis of the legal regulations of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) GDPR.
6. Online shopping
6.1. We would like to point out that for the purpose of simplifying the shopping process and for later contract processing, the webshop operator Geniale Sandale, Anika Radl stores the IP data of the subscriber as part of cookies, as well as name, address, telephone number, email address and credit card number of the buyer. In addition, the following data is also stored by us for the purpose of processing the contract: name, address, telephone number, email address, date of birth. The data you provide are required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you.
6.2. A transfer of the data name, address, telephone number, email address takes place, for example, to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us for the purpose of delivering the goods and to our tax advisor for the purpose of Fulfill our tax obligations. They have committed themselves to compliance with the applicable data protection regulations. An order processing contract has been concluded in accordance with Art 28 GDPR. You can request more detailed information about the contract processors commissioned by us at ínfo (at) genialesandale.at
6.3. The data processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 DSGVO (in particular consent and / or necessity of contract fulfillment)
7. Cookies, other tracking tools and web analysis
7.1. Cookies, other tracking technologies as well as functions of the web analysis service Google Analytics and the provider's company including company headquarters including information on whether data can be transferred to a (non-European) third country can be used on our internet platform in a variety of ways. Cookies are small pieces of text information that make it possible to recognize the user and analyze your use of our website. The information generated in this way is transferred to the provider's server and stored there. They serve to make our website more user-friendly, more effective and safer overall. Cookies are also used to measure the frequency of page views and for general navigation.
7.2. By using our website, you consent to our use of cookies. You can refuse to accept cookies in your browser settings. How this works in detail can be found in the instructions of your browser manufacturer. If you decide against certain technical and / or functional cookies, the functionality of our website could possibly be restricted. Some cookies remain stored on your device until you delete them.
7.3 Our website uses so-called social plugins ("plugins") from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").
The plugins are marked with a Facebook logo or the addition "Facebook social plugin" or "Facebook social plugin". You can find an overview of the Facebook plugins and their appearance here: http://developers.facebook.com/plugins
When you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plug-in is sent directly to your browser by Facebook and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is sent directly from your browser to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. If you interact with the plug-in, for example press the "Like" button or leave a comment, this information is also transmitted directly to a Facebook server and stored there. The information will also be published on your Facebook profile and shown to your Facebook friends.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook's data protection information:
http://www.facebook.com/policy.php
If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website.
You can also completely prevent the Facebook plugin from loading with add-ons for your browser, e.g. with the "Facebook Blocker"
( http://webgraph.com/resources/facebookblocker/ ).
7.3. We have concluded a corresponding contract data processing agreement with the provider. They have committed themselves to compliance with the applicable data protection regulations. You can request more information about the contract processors commissioned by us at info (at) genialesandale.at.
7.4. Your IP address is recorded, but pseudonymized immediately. This means that only a rough localization is possible.
7.5. The relationship with the web analytics provider is based on standard contractual clauses / an adequacy decision by the European Commission.
7.6. The data processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 DSGVO (in particular consent). Since the privacy of our users is important to us, the user data is pseudonymized
7.7. Retargeting, this website uses retargeting technology from Google Inc. (“Google”). This makes it possible to target visitors to our website with personalized, interest-based advertising who have already shown an interest in our shop and our products. The advertising material is displayed on the basis of a cookie-based analysis of previous usage behavior, but no personal data is stored. In the case of retargeting technology, a cookie is stored on your computer or mobile device in order to collect anonymized data about your interests and thus adapt the advertising individually to the stored information. As a result, you will see advertising that is highly likely to match your product and information interests. You can permanently object to the setting of cookies for ad preferences by downloading and installing the browser plug-in available under this link.
8. Consent and right of withdrawal
8.1. If your consent is necessary for the processing of your data, we will only process it with your express consent.
8.2. In principle, we do not process the data of minors and are not authorized to do so. By giving your consent, you confirm that you have reached the age of 14 or that your legal representative has given consent.
8.3. You can revoke your consent at any time at the following e-mail address: info (at) genialesandale.at. In such a case, the data stored about you so far will be anonymized and subsequently only used for statistical purposes without personal reference. Withdrawing consent does not affect the legality of the processing carried out on the basis of consent up to the point of withdrawal.
9. Data security
9.1. Anika Radl uses technical and organizational security measures to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorized persons. Our security measures are continuously improved in line with technical progress.
10. Your rights
10.1. You have the right to information from the person responsible, Anika Radl, Björnsongasse 12, about the personal data concerned at any time. As long as there is no statutory retention requirement, you have the right to have this data deleted and to object to processing. You also have the right to have the data corrected and to restrict processing, to data portability and to lodge a complaint with the Austrian data protection authority (Wickenburggasse 8-10, 1080 Vienna, email: dsb@dsb.gv.at ).
10.2. With regard to your rights, please contact us at info (at) genialesandale.at or write to:
Anika Radl, Geniale Sandale, Björnsongasse 12, 1130 Vienna
You can find the contact adress in our imprint