GENERAL TERMS AND CONDITIONS
Thank you for using our online shop. Protecting your privacy is important to us. Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when using our online shop at “www.avoa-beauty.de“.
Personal data is any information that relates to an identified or identifiable natural person.
The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by this shop is AVOA Beauty e.K., Rümannstr. 3a, 80804 Munich, Telefon +49 162 712 4774, E-Mail firstname.lastname@example.org (hereinafter „we“).
1. When you visit our website
When you visit our website, our server collects the following information from your device: browser type and version, operating system used, the previously visited web page, IP address, and time of the page view.
We collect and process this data in order to ensure the trouble-free operation of our website and to detect, fend off and prosecute a misuse of our services. Furthermore, we use the collected data for statistical purposes to evaluate, for example, by which devices and browsers our shop is accessed in order to improve and adapt our offer to our customers’ needs on an ongoing basis. This data processing is based on Article 6 par. 1 f GDPR.
We will delete the aforementioned data no later than twelve months after they have been collected.
3. When you place an order
When you place an order in our online shop, we process your name, the delivery address, and your e-mail address, as entered by you during the ordering process. We will also process any additional information provided by you voluntarily during the ordering process (such as a differing billing address or a telephone number).
We process this data electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. This data processing is based on Article 6 par. 1 b GDPR.
We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
To conclude a contract between you and us, it is necessary that we receive your name, delivery address and e-mail address. The necessity of providing this data arises from various statutory regulations (eg. § 312i par. 1 and 3 BGB [German Civil Code], § 14 par. 4 UStG [German Turnover Tax Act]. Without providing this data, you cannot conclude a contract with us.
We refrain from using automated decision-making or profiling for deciding whether or not to conclude a contract.
4. Customer Account
You may, optionally, open a customer account in our online shop. For the data required and processed by us, please refer to the input form for opening the customer account. The customer account will be set up at your request only. Therefore, your consent ist the legal basis for processing your account data (Article 6 par. 1 a GDPR). We keep the account data stored until you close the account or you ask us for its closure. For personal data connected to contracts already concluded by you, the retention periods given in section “If you place an order” apply independently from the existence of your customer account.
5. Shipping and payment
When we ship physical goods in order to perform a contract, we may transmit the recipient’s name and address, and, if you have given your consent, your e-mail address, to Deutsche Post (Deutsche Post AG, 53113 Bonn) or DHL (DHL Paket GmbH, 53113 Bonn) as our shipping service provider for the purpose of delivering the shipment, including, if applicable, a prior e-mail notification of the expected time of delivery, and, if necessary, for returns back to us, on the basis of Article 6 par. 1 b GDPR.
Upon receipt of a payment, we process the data transmitted to us by the payment service provider.
This data processing takes place according to Article 6 par. 1 b GDPR. We shall store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and all commercial and fiscal retention periods to which we are subject have expired.
To assist us in order management, invoicing, accounting, shipping and possibly handling returns, we use the services of Lexoffice, Holvi, to whom we submit the data mentioned in the section “When you place an order” for processing the data according to Article 28 GDPR.
For the operation of our website on the Internet, we use technical services provided by Shopify (Shopify International Limited, Dublin 4, D04 XN32, Ireland) as Processor according to Article 28 GDPR.
7. Contacting us
If you send us a message by e-mail, we will save your message along with the sender details (your name, e-mail address, and any additional information added by your e-mail program) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 par. 1 f GDPR). For reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR.
This data processing is based on our legitimate interest to answer your request and handle possible follow-up requests from you (Article 6 par. 1 f GDPR). We will erase the information collected from your message no later than twelve months after the last communication with you on your request, subject to the provision in the following paragraph.
If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
If you have subscribed to our newsletter, we will inform you by e-mail about new offers and functions of our shop. You will not receive more than one newsletter a week. You can object to the use of your e-mail address for advertising purposes at any time in any form, without incurring any costs other than transmission costs at the basic rate.
This data processing is based on your consent in accordance with Article 6 par. 1 a GDPR. If you revoke your consent to the use of your e-mail address for advertising purposes, we will delete your e-mail address from our mailing list.
This data processing is carried out on the basis of our legitimate interest to better tailor our product range to the wishes of our shop visitors and to optimise the shop functions and the efficiency of advertising measures (legal basis: Article 6 par. 1 f GDPR).
10. Google Services
We use certain Google service for our online shop. If you visit our shop from a location within the European Union, Norway, Iceland, Liechtenstein or Switzerland “Google“ means Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, otherwise Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
As far as Google LLC provides services in the United States of America, Google has committed itself under the EU-US Privacy Shield Agreement to comply with the European Union’s data protection laws.
General information on the use of data by Google may be found on the Google website at https://policies.google.com/technologies/partner-sites (“How Google uses information from sites or apps that use our services“).
11. Google Analytics
We use Google Analytics, a web analytics service of Google. Google places cookies on your device. With these cookies, Google can collect information about how you use our website. This information is transmitted to a Google server, where it is evaluated by Google and made available to us. The legal basis is Article 6 par. 1 f GDPR, namely our legitimate interest in the evaluation and optimization of our internet site.
12. Facebook Pixel, Custom Audience, Conversion Tracking
On our website, we use the “Facebook Pixel” function provided by Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland, or, if you are based in the US or Canada: Facebook Inc. , 1 Hacker Way, Menlo Park, CA 94025, USA). This function allows you and other visitors to our site to be defined as a “custom audience” for advertisements provided by Facebook (“Facebook Ads”). To do this, Facebook uses an invisible graphics file that we integrate into our website to analyze your user behavior and derives products or topics that interest you. With “Facebook Pixel”, we can also determine the effectiveness of Facebook Ads, namely, whether and how you respond to an advertisement from us (“conversion tracking”).
This data processing is based on Article 6 par. 1 f GDPR, namely on our legitimate interest in advertising our offers to those who are likely to be interested in our products and to analyze the effectiveness of our online advertising.
Facebook Inc. has committed itself under the EU-US Privacy Shield Agreement to comply with European Union’s data protection laws.
13. Social Media
You may find Social Media buttons on our website; they can be recognized by the logos of the social media platforms (hereinafter “Platforms”) (Facebook: „f“ logo, Instagram: square camera logo). Clicking on such a button calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
14. Ihre Rechte
With regard to your personal data we process, you have the following rights:
You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.
GENERAL TERMS AND CONDITIONS
Section 1 - Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the merchandise presented in our online shop „www.avoa-beauty.com“ is AVOA e.K. Rümannstr. 3a, 80804 Munich, phone +49 1627124774, e-mail email@example.com (referred to hereinbelow as the “Vendor”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 - Merchandise offered and conclusion of contract
(1) The Vendor is offering the merchandise presented in this online shop for sale. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable. The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(2) The Vendor is making a binding sales offer for the merchandise presented in the shop. By transmitting the order using the button “jetzt kaufen” the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase offer, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Vendor sends the content of the contract (contract text) to the customer by e-mail. At the same time, the Vendor stores the contract text in his electronic data processing.As the Customer cannot access the Vendor’s data, it is the customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 - Prices and Payment
(1) All product prices are total prices plus shipping costs. VAT will not be shown on invoices (§ 19 UStG).
(2) Information on shipping costs can be found with the respective product description.
(3) The Customer can use the following payment methods to pay for his purchase: PayPal, Shopify Payments.
(4) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the Customer. The Vendor reserves the right to rescind the purchase contract and to sell the merchandise to others should the payment not be received in good time.
(5) For deliveries to countries outside the European Union, customs duties and import taxes may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price; the Vendor has no means of influencing them.
Section 4 - Shipment, delivery periods
(1) Information on delivery time can be found in the respective product description. An indication in days refers to the period from the payment by the Customer until delivery of the goods.
(2) If the Customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the Customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(3) Where a delivery cannot be made because the Customer has provided a wrong or incomplete shipping address, an attempt to once again deliver the merchandise shall be made only if the Customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 - Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) In the case the withdrawal right is excercised, the Vendor shall bear the cost of returning the merchandise.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 6 - Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 - Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) For initiating an arbitration, consumers can either use the ODR platform or contact the following office: Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, www.universalschlichtungsstelle.de, e-mail firstname.lastname@example.org, phone (07851) 7957940.
(3) We will be happy to participate in dispute resolution proceedings when a consumer applies for arbitration.
Section 8 - Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Information concerning the right of withdrawal for physical goods delivered by post
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (AVOA e.K., Rümannstr. 3a, 80804 Munich, phone +49 1627124774, e-mail email@example.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
- To Avoa e.K, 81927 München, e-mail firstname.lastname@example.org:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
- Ordered on (*) / received on (*),
- Name of consumer(s),
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.