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Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (David Givens) via the www.puzzlebaer.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
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 your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special terms of payment apply, you will be informed of these separately. You can find more information about "PayPal" under https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
David Givens
fiery street 51
10827 Berlin
Germany
Telephone: +491772742862
E-mail:info@derpuzzlebär.de /info@derpuzzlebaer.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed athttps://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system , the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
last update: 29.11.2022
Data protection
Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is given in the subsequent processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.
server log files
You can visit our website without providing any personal information.
Every time you access our website, usage data is transmitted to us or our web host / IT service provider by your Internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page called up, the date and time of the call, the IP address, the amount of data transferred and the requesting provider. The processing takes place on the basis of Art. 6 Paragraph 1 lit. f GDPR from our overriding legitimate interest in ensuring trouble-free operation of our website and improving our offer.
Your data may be transferred to third countries outside the European Union for which the EU Commission has issued an adequacy decision. If there is no adequacy decision by the EU Commission, such as for transfers to the USA, the data transfers are based, among other things, on 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_en
Contact
Responsible
Contact us if you wish. The person responsible for data processing is: David Givens, Fuerigstr. 51, 10827 Berlin Germany, +491772742862,info@derpuzzlebär.de
Customer contact via e-mail
If you initiate business contact with us by e-mail, we will only collect your personal data (name, e-mail address, message text) to the extent you have made them available. The data processing serves to process and answer your contact request.
If the establishment of contact serves to carry out pre-contractual measures (e.g. advice on purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR.
If contact is made for other reasons, this data processing takes place on the basis of Article 6 (1) (f) GDPR from our overriding legitimate interest in processing and answering your request. In this case, you have the right, for reasons arising from your particular situation, to object to the processing of your personal data based on Article 6 (1) (f) GDPR at any time.
We only use your e-mail address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when using the contact form
When you use the contact form, we collect your personal data (name, email address, message text) only to the extent you have provided. The data processing serves the purpose of establishing contact.
If the establishment of contact serves to carry out pre-contractual measures (e.g. advice on purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR.
If contact is made for other reasons, this data processing takes place on the basis of Article 6 (1) (f) GDPR from our overriding legitimate interest in processing and answering your request. In this case, you have the right, for reasons arising from your particular situation, to object to the processing of your personal data based on Article 6 (1) (f) GDPR at any time.
We only use your e-mail address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when sending images via upload
We provide an upload function for image files on our website. It is thus possible to send images to us using encrypted data transmission. With the transmission of your images, we may only collect your personal data (image of an identifiable person) to the extent provided by you. The purpose of data processing is to create personalized products. The image sent serves as a template for the product and is used for this (e.g. t-shirt print). The processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will not be passed on.
We only use the image you send us as part of the provision of services. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when images are sent by email
You have the option of sending us pictures by e-mail in connection with ordering a personalized product.
With the transmission of your images, we may only collect your personal data (image of an identifiable person) to the extent provided by you. The purpose of data processing is to create personalized products. The image sent serves as a template for the product and is used for this (e.g. t-shirt print). The processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will not be passed on.
We only use the image you send us as part of the provision of services. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
whatsapp business
If you contact us for business via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; "WhatsApp"). If you are outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The data processing serves to process and answer your contact request. For this purpose, we collect and process your mobile phone number stored with WhatsApp, your name if provided and other data to the extent provided by you. We use a mobile device for the service, in whose address book only data from users who have contacted us via WhatsApp is stored. A transfer of personal data to WhatsApp without you having already given your consent to WhatsApp does not take place.
Your data will be transmitted by WhatsApp to the Meta Platforms Inc. server in the USA.
There is no adequacy decision by the EU Commission for the USA. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, available at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
If the establishment of contact serves to carry out pre-contractual measures (e.g. advice on purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Article 6 Paragraph 1 lit. In this case, you have the right, for reasons arising from your particular situation, to object to the processing of your personal data based on Article 6 (1) (f) GDPR at any time.
We only use your personal data to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
For more information on the terms of use and data protection when using WhatsApp, seehttps://www.whatsapp.com/legal/#terms-of-serviceandhttps://www.whatsapp.com/legal/#privacy-policy.
Orders
Collection, processing and disclosure of personal data when placing orders
When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Non-provision means that no contract can be concluded. The processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers, payment service providers, service providers for order processing and IT service providers you have selected. In all cases, we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.
Your data may be transmitted to third countries outside the European Union for which the EU Commission has issued an adequacy decision. If there is no adequacy decision by the EU Commission, such as for transfers to the USA, the data transfers are based, among other things, on 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_en
Payment service provider
Using PayPal
We use the PayPal payment service from PayPal (Europe) S.à.rl et Cie, SCA (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, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR.
All PayPal transactions are subject to the PayPal Privacy Policy. You can find this under https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Using PayPal Plus
We use the PayPal Plus payment service from PayPal (Europe) S.à.rl et Cie, SCA (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, 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 takes place on the basis of Article 6 Paragraph 1 Letter b GDPR.
For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right to obtain creditworthiness information on the basis of mathematical-statistical procedures 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 non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and which, among other things, include address data. Your concerns will be considered in accordance with the statutory provisions. The data processing serves the purpose of a credit check for the initiation of a contract. The processing takes place on the basis of Art. 6 Paragraph 1 lit. f GDPR from our overriding legitimate interest in protection against non-payment if PayPal makes an advance payment.
You have the right to object to this processing based on Article 6 (1) (f) GDPR at any time for reasons that arise from your particular situation. Object to personal data concerning you by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method you require. Non-provision means that the contract cannot be concluded with the payment method you have chosen.
Using PayPal Express
We use the PayPal Express payment service from PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The purpose of data processing is to be able to offer you payment via the PayPal Express payment service. In order to integrate this payment service, it is necessary for PayPal to collect, store and analyze data (e.g. IP address, device type, operating system, browser type, location of your device) when the website is accessed. Cookies can also be used for this. The cookies enable your browser to be recognized.
The processing of your personal data takes place on the basis of Art. 6 Para. 1 lit. f GDPR from our overriding legitimate interest in a customer-oriented offer of various payment methods. You have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation.
By selecting and using PayPal Express, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR. More information on data processing when using the PayPal Express payment service can be found in the associated data protection declaration under www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE#Updated_PS.
Using PayPal Check Out
We use the PayPal Check-Out payment service from PayPal (Europe) S.à.rl et Cie, SCA (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 takes place on the basis of Article 6 Paragraph 1 Letter b GDPR.
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 to obtain creditworthiness information on the basis of mathematical-statistical procedures 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 non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and which, among other things, include address data. Your concerns will be considered in accordance with the statutory provisions. The data processing serves the purpose of a credit check for the initiation of a contract. The processing takes place on the basis of Art. 6 Paragraph 1 lit. f GDPR from our overriding legitimate interest in protection against non-payment if PayPal makes an advance payment.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data based on Article 6 (1) (f) GDPR by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method you require. Non-provision means that the contract cannot be concluded with the payment method you have chosen.
Third party providers
When paying via a third-party payment method, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR. In order to carry out this payment method, PayPal may then forward the data to the respective provider. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR. Local third party providers can be for example:
- Immediately (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main
Purchase on account via PayPal
When paying via the purchase on account payment method, the data required for payment processing is first transmitted to PayPal. To carry out this payment method, PayPal then transmits the data to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you using the selected payment method. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR. Ratepay may carry out a credit check on the basis of mathematical-statistical methods (probability or score values) using credit bureaus according to the process already described above. The data processing serves the purpose of a credit check for the initiation of a contract. The processing takes place on the basis of Art. 6 Paragraph 1 lit. f GDPR from our overriding legitimate interest in protection against non-payment if Ratepay pays in advance. Further information on data protection and which credit agencies use Ratpay can be found athttps://www.ratepay.com/legal-payment-dataprivacy/andhttps://www.ratepay.com/legal-payment-creditagencies/.
More information on data processing when using PayPal can be found in the associated data protection declarationhttps://www.paypal.com/de/webapps/mpp/ua/privacy-full.
cookies
Our website uses cookies. Cookies are small text files that are stored in the internet browser or by the internet browser on a user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables the browser to be clearly identified when the website is called up again.
Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can be notified before cookies are set and decide individually whether to accept them and prevent the storage of cookies and the transmission of the data they contain. Cookies that have already been saved can be deleted at any time. However, we would like to point out that you may then not be able to use all the functions of this website to their full extent.
You can use the links below to find out how you can manage (including deactivate) cookies in the most important browsers:
Chrome:https://support.google.com/accounts/answer/61416?hl=en
Internet explorer:https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox:https://support.mozilla.org/de/kb/cookies-allow-and-reject
Safari:https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Technically necessary cookies
Unless otherwise specified below in the data protection declaration, we only use these technically necessary cookies for the purpose of making our offer more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after you have changed pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
The use of cookies or comparable technologies is based on Section 25 (2) TTDSG. The processing of your personal data takes place on the basis of Art. 6 Para. 1 lit. f GDPR from our overriding legitimate interest in guaranteeing the optimal functionality of the website and a user-friendly and effective design of our offer.
You have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation.
Data subject rights and storage period
Duration of storage
After completion of the contract, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the period has expired, unless you have consented to further processing and use.
rights of the data subject
If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to the processing based on Art. 6 Para. 1 f GDPR and to processing for the purpose of direct advertising.
Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.
You can lodge a complaint, among other things, with the supervisory authority responsible for us, which you can reach under the following contact details:
Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219
Visitor entrance: Puttkamerstr. 16 – 18 (5th floor)
10969 Berlin
Phone: +49 30 138890
Fax: +49 30 2155050
Email: mailbox@datenschutz-berlin.de
Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 lit. f GDPR, you have the right to object to this processing at any time for reasons that arise from your particular situation with effect for the future.
After an objection has been raised, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
last update: 29.11.2022