Terms and Conditions
General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 13 BGB) via the online shop of
Ines Gärtner
gaertner.ines00@gmail.com
2. Contractual Partner
The purchase contract is concluded with Ines Gärtner.
3. Offer and Contract Conclusion
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Errors excepted.
3.2 By clicking the "Buy Now" button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order takes place together with the acceptance of the order immediately after sending through an automated email. With this email confirmation, the purchase contract has been concluded.
4. Right of Withdrawal
4.1 Consumers have a fourteen-day right of withdrawal.
4.2 The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
5. Prices and Shipping Costs
5.1 The prices stated on the product pages include the statutory value-added tax and other price components.
5.2 In addition to the stated prices, we charge shipping costs for delivery. The shipping costs are clearly communicated to you on the product pages, in the shopping cart system, and on the order page.
5.3 Duties and taxes for shipments outside the EU are not charged and must be paid by the end customer.
6. Delivery
6.1 Delivery is within Germany with DHL.
6.2 The delivery time is usually 3-7 working days unless otherwise stated in the offer. It should be noted that this is the sale of handmade fashion. Therefore, the production time can take up to 2 weeks. This is not included in the shipping time.
6.3 Delivery shall be made to the delivery address specified by the customer in the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, liability for the package is transferred to the customer/recipient. Ines Gärtner accepts no liability in this case.
7. Payment
7.1 Payment can be made by credit card or PayPal.
7.2 When selecting the advance payment method, we provide our bank details in the order confirmation and deliver the goods after receipt of payment.
8. Retention of Title
The goods remain our property until full payment has been made.
9. Warranty
9.1 The statutory warranty rights apply.
9.2 Obvious defects must be reported to us in writing immediately, but no later than two weeks after receipt of the delivery. To meet the deadline, timely dispatch is sufficient.
10. Liability
10.1 We are liable without limitation for intent and gross negligence. For simple negligence, we are liable only for breach of an essential contractual obligation (cardinal obligation), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
10.2 In the event of slightly negligent breach of a cardinal obligation, our liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
10.3 The aforementioned limitations of liability do not apply in the event of injury to life, body, or health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects.
11. Data Protection
11.1 We collect, process, and use your personal data only in accordance with the statutory provisions.
11.2 Further information can be found in our privacy policy.
12. Final Provisions
12.1 Contracts between us and you are subject exclusively to German law, excluding the provisions of the UN Sales Convention (CISG).
12.2 Should individual provisions of these GTC be invalid or contradict the statutory regulations, this shall not affect the rest of the contract.
12.3 The contract language is German.
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Privacy Policy
1. Controller for Data Processing
Ines Gärtner
Emser Str. 102
12051 Berlin
Germany
Email:
2. Collection and Storage of Personal Data and the Type and Purpose of Their Use
a) When Visiting the Website
When you visit our website www.inesgaertner-shop.de, information is automatically sent to the server of our website by the browser used on your device. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
- Website from which access is made (referrer URL),
- Browser used and, if applicable, the operating system of your computer and the name of your access provider.
The mentioned data will be processed by us for the following purposes:
- Ensuring a smooth connection setup of the website,
- Ensuring comfortable use of our website,
- Evaluation of system security and stability, and
- For other administrative purposes.
The legal basis for data processing is Art. 6(1) sentence 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. In no case do we use the collected data for the purpose of drawing conclusions about your person.
b) When Using Our Contact Form
For questions of any kind, we offer you the opportunity to contact us using a form provided on the website. It is necessary to provide a valid email address so that we know who the request came from and can respond to it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us is carried out in accordance with Art. 6(1) sentence 1 lit. a GDPR based on your voluntarily granted consent.
3. Disclosure of Data
Your personal data will not be transferred to third parties for purposes other than those listed below.
We only share your personal data with third parties if:
- You have given your express consent pursuant to Art. 6(1) sentence 1 lit. a GDPR,
- The disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6(1) sentence 1 lit. f GDPR and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
- There is a legal obligation for disclosure pursuant to Art. 6(1) sentence 1 lit. c GDPR, as well as
- It is legally permissible and required for the processing of contractual relationships with you pursuant to Art. 6(1) sentence 1 lit. b GDPR.
4. Cookies
We use cookies on our site. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause damage to your device, do not contain viruses, trojans or other malware.
Information is stored in the cookie that results in connection with the specific device used. However, this does not mean that we thereby gain direct knowledge of your identity.
The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a certain specified period. If you visit our site again to use our services, it is automatically recognized that you have already been with us and what entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see Section 5). These cookies allow us to automatically recognize that you have already been to our site when you visit it again. These cookies are automatically deleted after a defined period.
The data processed by cookies are required for the mentioned purposes to protect our legitimate interests as well as those of third parties pursuant to Art. 6(1) sentence 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or always a message appears before a new cookie is created. However, the complete deactivation of cookies can lead to you not being able to use all functions of our website.
5. Analysis Tools
a) Tracking Tools
The tracking measures listed below and used by us are carried out based on Art. 6(1) sentence 1 lit. f GDPR. With the tracking measures used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
Google Analytics
For the purpose of needs-based design and ongoing optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). In this context, pseudonymized usage profiles are created and cookies (see Section 4) are used. The information generated by the cookie about your use of this website, such as
- Browser type/version,
- Operating system used,
- Referrer URL (the previously visited page),
- Hostname of the accessing computer (IP address),
- Time of the server request,
is transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and needs-based design of these internet pages. This information may also be transferred to third parties if required by law or if third parties process this data on behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case, you may not be able to use all functions of this website to their full extent.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
Further information on data protection in connection with Google Analytics can be found, for example, in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).
6. Rights of Data Subjects
You have the right:
- According to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data, if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about their details;
- According to Art. 16 GDPR, to request the rectification of incorrect or completion of your personal data stored by us without delay;
- According to Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- According to Art. 18 GDPR, to request the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose its erasure and we no longer need the data, but you need it for the establishment, exercise or defense of legal claims, or you have objected to processing in accordance with Art. 21 GDPR;
- According to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request the transmission to another controller;
- According to Art. 7(3) GDPR, to withdraw your consent at any time. As a result, we are no longer allowed to continue the data processing based on this consent for the future, and
- According to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.
7. Right to Object
If your personal data is processed based on legitimate interests in accordance with Art. 6(1) sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data if there are reasons arising from your particular situation or if the objection is directed against direct marketing. In the latter case, you have a general right to object, which we will implement without specifying a particular situation.
If you wish to exercise your right of revocation or objection, just send an email to info@inesgaertner-shop.de.
8. Data Security
We use the widely used SSL (Secure Socket Layer) procedure in conjunction with the highest level of encryption supported by your browser during
the website visit. Typically, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether an individual page of our website is transmitted in encrypted form is indicated by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
9. Timeliness and Amendment of This Privacy Policy
This privacy policy is currently valid and has the status of June 2024.
Due to the further development of our website and offers above or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be accessed and printed at any time on the website at https://www.inesgaertner-shop.de/datenschutz.
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Ines Gärtner
Berlin, June 2024