Conditions

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts, which you conclude with us as a supplier OB OhneBrimborium UG (Giovanni Luca Ansaldi) via the website www.ohnebrimborium.de. Unless otherwise agreed, the inclusion of your own conditions that 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 are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored 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 calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use the "PayPal - Express" instant payment system by clicking the correspondingly labeled button integrated in the shop system, you will be redirected to the PayPal log-in page. After you have successfully logged in, your address and account details stored with PayPal will be displayed. You will be redirected back to the order overview page in our online shop using the “continue” button.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you are making a binding offer with us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order has been placed by means of a written confirmation (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, 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 email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify 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 and we do not assume any liability for errors.

(4) Insofar as we create texts, images, graphics and designs for you as part of the individual design, these are subject to copyright.
Use, reproduction or modification of individual parts or complete contents is not permitted without our express consent.
Unless otherwise agreed, we will grant you an unlimited right of use to the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties privately or commercially in any way.
The transfer of the right of use is subject to the condition precedent that the agreed purchase price is paid in full.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 liability

(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our customer information (Part II).

(3) If essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which you can regularly rely.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 6 Choice of law

(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.


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II. Customer information

1. Identity of the seller

OB OhneBrimborium UG 8 limited liability)

Giovanni Luca Ansaldi
Reckensteinstrasse 47a
51766 Engelskirchen
Germany
Phone: 0176 31506046
Email: info@ohnebrimborium.de



The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/consumers/odr
2. Information on the formation 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 Section 2 of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the full text of the contract. 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 have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. For requests for offers 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. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

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 labeled button on our website or in the respective offer, are shown separately in the course of the order 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 labeled 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 corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 a person otherwise appointed to carry out the shipment.

7. Statutory warranty rights

7.1. The statutory warranty rights exist.

7.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service.

last update: 09/28/2016

Privacy:
Without Brimborium UG, represented by the managing director Sabrina Rampino, email: info@ohnebrimborium.de, phone: +49 (0) 176 31506046

3. Collection and storage of personal data, as well as the type and purpose of their use
You have already been informed about the collection and storage of your personal data as well as the type and purpose of their use in the data protection declaration provided by us. Your consent to this was obtained from eBay as part of your registration. We do not collect any other personal data from you that goes beyond our own. You have already consented to us transferring your personal data to us for the purpose of processing the contract. These personal data transmitted to us are stored by us.

We use this data
• to be able to identify you as our customer;
• to process, fulfill and process your order;
• for correspondence with you;
• for invoicing;
• to process any liability claims that may exist, as well as the assertion of any claims against you;
As part of your registration on eBay and when processing your order, your consent to the processing of this data will be obtained.
The data processing takes place in response to your order and is required according to Art. 6 Para. 1 S. 1 lit. b GDPR for the purposes mentioned for the appropriate processing of your order and for the mutual fulfillment of obligations from the purchase contract.
The personal data collected by us and transmitted to us for the processing of your order will be stored by us until the expiry of the statutory retention period and then deleted, unless we are in accordance with Article 6 Paragraph 1 Clause 1 lit. c GDPR due to tax - and commercial law retention and documentation obligations (from HGB, StGB or AO) are obliged to store longer or you have consented to storage going beyond this in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR. For more information on how we store your personal data, please refer to the data protection declaration.

4. Transfer of data
Your personal data will only be passed on from us to third parties to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the credit institute commissioned with payment matters. In the event that your personal data is passed on to third parties, the scope of the transmitted data is limited to the necessary minimum.

When paying via PayPal, credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal, we give your payment data to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L -2449 Luxembourg (hereinafter "PayPal"), continue. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal. PayPal uses the result of the credit check with regard to the statistical probability of default for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values ​​(so-called score values). As far as score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. Further data protection information can be found in the PayPal data protection principles: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Your personal data will not be transmitted to third parties for purposes other than those mentioned above.
We only pass on your personal data to third parties if:
• you have given your express consent in accordance with Art. 6 Para. 1 S. 1 lit.
• the transfer according to Art. 6 Para. 1 S. 1 lit.f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
• in the event that there is a legal obligation for disclosure in accordance with Art. 6 Paragraph 1 Clause 1 lit.
• this is legally permissible and required according to Art. 6 Paragraph 1 Clause 1 lit. b GDPR for the processing of contractual relationships with you.
As part of the ordering process, your consent will be obtained for your data to be passed on to third parties.


5. Rights of data subjects
You have the right:
• to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain 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 period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a Right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information on their details;
• In accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by me;
• to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend Legal claims is required;
• to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert it, Need to exercise or defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
• in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible;
• to revoke your consent given to us at any time in accordance with Art. 7 Para. 3 GDPR. As a result, we are no longer allowed to continue the data processing based on this consent in the future and
• To complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.

6. Right to object
If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided there are reasons for doing so which arise from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which I will implement without specifying a particular situation.
If you would like to make use of your right of revocation or objection, an email to: (info@chamuela.net) is sufficient.

7. Data security

For information on data security, please refer to the data protection declaration provided by eBay, available under the link mentioned in section 3.
We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

8. Topicality and changes to this data protection declaration
This data protection declaration is currently valid and was last updated in March 2018.

Due to the further development of the website and offers offered by eBay or due to changed legal or official requirements, it may be necessary to change this data protection declaration. The current data protection declaration can be found in connection with our General Terms and Conditions (GTC). You can view the data protection declaration there at any time.

Data protection declaration created by lawyer Andreas Gerstel (http://www.anwaltblog24.de/)

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