General terms and conditions and customer information
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 (Achim Alexander) via the website www.laguiole-web.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent 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) By placing the respective product 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 access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected 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 back to our online shop. Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer). (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout" If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability rights for defects exist
(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 do not do this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) 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
Achim Alexander
Falterstraße 32 C
52477 Alsdorf Germany
Phone: 02404-9555108
Email: hermanns.marita@web.de
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.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of the "Conclusion of the contract" of our General Terms and Conditions (Part I). We are not already
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates 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 entrepreneur or another person designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.
last update: 29.11.2023
Data protection declaration Unless otherwise stated below, the provision of your personal data is neither legally or contractually required, 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 stated during the subsequent processing operations. "Personal data" is all information that relates to an identified or identifiable natural person. Server log files You can visit our websites without providing any personal information. Whenever you access our website, usage data is transmitted to us or our web host / IT service provider via your Internet browser and saved in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter f of GDPR due to our overriding legitimate interest in ensuring the trouble-free operation of our website and improving our offering. Contact Responsible Person Contact us if you wish. The person responsible for data processing is: Achim Alexander Falterstraße 32 c 52477 Alsdorf, Germany Tel.: 0049 (0)2404 9555108 hermanns.marita@web.de Customer contact via e-mail If you contact us proactively by e-mail, we will only collect your personal data (name, e-mail address, message text) to the extent provided by you. The data processing serves to process and answer your contact request. If the contact serves to carry out pre-contractual measures (e.g. advice in the event of interest in purchasing, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR. If contact is made for other reasons, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter f GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f GDPR at any time, for reasons arising from your particular situation. We will only use your email 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 only collect your personal data (name, e-mail address, message text) to the extent that you provide it. The data processing serves the purpose of establishing contact. If the contact serves to carry out pre-contractual measures (e.g. advice in the event of a purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR. If contact is made for other reasons, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter f GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right to object to the processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f of GDPR at any time for reasons arising from your particular situation. We will only use your email 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. Customer account and orders Customer account When you open a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter a of GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing carried out on the basis of the consent until the revocation. Your customer account will then be deleted. Collection, processing and transfer 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 fulfil and process your order and to process your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR and is necessary to fulfil a contract with you. Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly adhere to the legal requirements. The scope of data transmission is limited to a minimum. Advertising Use of the e-mail address for sending newsletters We use your e-mail address, regardless of contract processing, exclusively for our own advertising purposes to send newsletters, provided that you have expressly consented to this. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter a of GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent until the revocation. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your e-mail address will then be removed from the distribution list. Shipping service provider Passing on the e-mail address to the shipping company to provide information about the shipping status We pass on your e-mail address to the transport company as part of the contract processing, provided that you have expressly consented to this during the ordering process. The purpose of the transfer is to inform you about the shipping status by e-mail. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter a of GDPR with your consent. You can revoke your consent at any time by notifying us or the transport company, without affecting the legality of the processing carried out on the basis of the consent until the revocation. Payment service provider Use of PayPal Check-Out We use the payment service PayPal Check-Out from Pay Pal (Europe) Sarl 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. By selecting and using Pay Pal, credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, the data required for payment processing will be transmitted to Pay Pal in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR. Cookies may be stored here which enable your browser to be recognised. The data processing which takes place as a result is carried out on the basis of Art. 6 Paragraph 1 Letter f GDPR due to our overriding legitimate interest in offering a customer-oriented range of different payment methods. For reasons arising from your particular situation, you have the right to object at any time to this processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f GDPR by notifying PayPal. 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 a credit check based on 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 on the statistical probability of a payment default to make a balanced decision about the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical procedures and whose calculation includes, among other things, address data. Your legitimate interests will be taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit checking for the initiation of a contract. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter f of GDPR out of our overriding legitimate interest in protection against default when PayPal makes advance payments. For reasons arising from your particular situation, you have the right to object at any time to this processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f of GDPR by notifying PayPal. Failure to provide the data is necessary for the conclusion of the contract using the payment method you have requested. Failure to provide the data means that the contract cannot be concluded using the payment method you have chosen. Third-party providers When paying using a third-party payment method, the data required to process the payment is transmitted to Pay Pal. This processing is carried out on the basis of Art. 6 Paragraph 1 Letter b of GDPR. To carry out this payment method, PayPal may then pass the data on to the respective provider. This processing is carried out on the basis of Art. 6 Paragraph 1 Letter b of GDPR. Local third-party providers can be, for example: - Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany) - giropay (Paydirekt GmbH, Stephanstraße 14-16, 60313 Frankfurt am Main) For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full 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. When a user visits 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 uniquely identified when the website is visited 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, as well as prevent the cookies from being stored and the data they contain from being transmitted. Cookies that have already been stored can be deleted at any time. However, we would like to point out that you may then not be able to use all of the functions of this website to their full extent. You can find out how to manage (including deactivate) cookies in the most important browsers using the links below: Chrome: https://support.google.com/accounts/answer/61416?hl=de 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-erlauben-und-ablehnen Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac Technically necessary cookies Unless otherwise stated in the privacy policy below, we only use these technically necessary cookies for the purpose of making our offering more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after you change pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognized even after you change pages. The use of cookies or similar technologies is based on Section 15 Paragraph 3 Sentence 1 of the Telemedia Act. Your personal data is processed on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offering. You have the right to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. Plug-ins and other use of Google reCAPTCHA We use the reCAPTCHA service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”) on our website. The query serves the purpose of distinguishing between input by a human and automated, machine processing. For this purpose, your input is transmitted to Google and used there. In addition, the IP address and any other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and may also be transmitted to the Google LLC servers in the USA. For the USA, there is no adequacy decision by the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself according to the TADPF and is therefore committed to complying with European data protection principles. The use of cookies or similar technologies takes place with your consent on the basis of Section 25 Paragraph 1 Sentence 1 TDDG in conjunction with Art. 6 Paragraph 1 Letter a of GDPR. The processing of your personal data takes place with your consent on the basis of Art. 6 Paragraph 1 Letter a of GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent until the revocation. Further information on Google reCAPTA and the associated data protection declaration can be found at: https://www.google.com/recaptcha/intro/android.html and https://www.google.com/privacy. Use of YouTube We use the function for embedding YouTube videos from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “YouTube”) on our website. YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The function displays videos stored on YouTube in an iFrame on the website. The “Enhanced data protection mode” option is activated. This means that YouTube does not store any information about visitors to the website. Only when you watch a video is information about it transmitted to YouTube and stored there. Your data may be transferred to the USA. There is no adequacy decision by the EU Commission for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). YouTube has certified itself according to the TADPF and is therefore committed to complying with European data protection principles. The use of cookies or similar technologies takes place with your consent on the basis of Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent until the revocation. Further information on the collection and use of data by YouTube and Google, your rights in this regard, and options for protecting your privacy can be found in YouTube's privacy policy at https://www.youtube.com/t/privacy. Rights of those affected and storage period Duration of storage After the contract has been fully processed, 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 retention periods, and then deleted after the deadline has expired, unless you have consented to further processing and use. Rights of the data subject If the statutory requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to rectification, to erasure, to restriction of processing, to data portability. In addition, pursuant to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR and to processing for direct marketing purposes. Right to complain to the supervisory authority According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not lawful. Right to object If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 Paragraph 1 Letter f of GDPR, you have the right to object to this processing at any time with effect for the future for reasons arising from your particular situation. Once you have objected, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. last update: November 29, 2023
