ib_elektroniks ES

General Terms and Conditions and Customer Information/Data Protection Statement I. General Terms and Conditions § 1 Basic provisions (1) The following terms and conditions apply to contracts that you conclude with us as a provider (IB-elektroniks e.K.) via the Internet platform MediaMarkt.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used. (2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his independent professional or commercial activity. § 2 Formation of the contract (1) The subject of the contract is the sale of goods. (2) If an article is placed by us at MediaMarkt.de, the activation of the offer page at MediaMarkt.de constitutes a binding offer to conclude a purchase contract under the conditions contained in the article page. (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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g. PayPal) as a payment method, you will either be redirected to the order overview page on the MediaMarkt.de website or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to MediaMarkt.de. Before submitting 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 cancelling the purchase. By sending the order via the corresponding button ("Buy", "Pay" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded. (4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 3 Right of retention, reservation of title (1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price. § 4 Warranty (1) The statutory rights of liability for defects shall apply. (2) As a consumer, you are requested 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 fail to do so, this shall have no effect on your statutory warranty claims. (3) 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 Choice of law, place of performance, place of jurisdiction (1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle). (2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. II. customer information 1. identity of the seller IB-elektroniks e.K. Gremberger Str 18 51105 Cologne Germany Phone: 02213309926 E-Mail: [email protected] Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://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 possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.). 3. contract language, contract text storage 3.1 The contract language is German. 3.2 The complete text of the contract shall not be stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 4. essential features of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 5. prices and payment modalities 5.1 The prices listed in the respective offers as well as 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 shipping has been promised. 5.3 You have the following payment options, unless otherwise stated in the respective offer or in the online ordering process: - Payment by PayPal - Payment by credit card 5.4 The payment claims arising from the concluded contract are due for payment immediately. In the case of payment by credit card, your credit card account will be charged upon conclusion of the contract. 6. delivery conditions 6.1 The terms of delivery, 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 Unless otherwise stated in the respective offer or under the correspondingly designated button, the following shall apply: The delivery of the goods takes place only within Germany. We deliver within 3-5 days after conclusion of the contract (in case of agreed advance payment, however, only after the time of your payment instruction). 6.3 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 entrepreneur or any other person designated to carry out the shipment. 7. legal liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). last update: 29.11.2022 Privacy policy 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 will have no consequences. This applies only to the extent that no other indication is made in the subsequent processing operations. "Personal data" means any information relating to an identified or identifiable natural person. Responsible Contact us if you wish. The data controller is: IB-Elektroniks e.K., Gremberger Str.18, 51105 Cologne Germany, 02213309926, [email protected] Collection, processing and transfer of personal data when ordering When you place an order, we collect and process your personal data only to the extent necessary to fulfill and process your order and to respond to your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 (1) lit. b DSGVO and is necessary for the performance of a contract with you. A transfer of your data takes place, for example, to the shipping companies and dropshipping providers selected by you, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transfer is limited to a minimum. Merchandise management Use of an external merchandise management system We use an enterprise resource planning system for contract processing within the scope of order processing. For this purpose, your personal data collected in the context of the order is transferred to easybill GmbH, Düsselstr. 21, 41654 Kaarst, Germany transmitted. Use of PayPal 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") 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 with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. All PayPal transactions are subject to the PayPal privacy policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full Use of PayPal Plus 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") 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 is based on Art. 6 para. 1 lit. b DSGVO. For individual payment methods such as credit card via PayPal, direct debit 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 for reasons arising from your particular situation to object at any time to this processing based on Art. 6 (1) lit. f DSGVO. You may object to the processing of your personal data 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. Duration of storage After complete processing of the contract, the data will initially be stored for the duration of the warranty period, thereafter taking into account statutory, in particular tax and commercial law retention periods and then deleted after expiry of the period, unless you have consented to further processing and use. Rights of the data subject You are entitled to the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met: right to information, to correction, to deletion, to restriction of processing, to data portability. In addition, according to Art. 21 (1) DSGVO, you have the right to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct marketing. Right of complaint to the supervisory authority Pursuant to Art. 77 DSGVO, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data is not lawful. Right of objection If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO, you have the right to object to this processing with effect for the future at any time for reasons arising from your particular situation. After the objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims. last update: 29.11.2022