General Conditions of Contract and customer information
I. General Conditions of Contract
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as a supplier (Cheetta UG (haftungsbeschränkt)) via the website http://www.naturlive.eu. As long as it has not been agreed otherwise, the inclusion of conditions that you eventually use will be rejected.
(2) According to the regulations listed below, “consumer” is understood to be any natural person who carries out a legal transaction for purposes that cannot be attributed to either his commercial activity or his particular professional activity. By “entrepreneur” is understood any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or private professional activity when entering into a legal business.
§ 2 Completion of the contract
(1) The object of the contract is the sale of goods.
(2) Our offers on the Internet are not binding and do not constitute a binding offer for the performance of a contract.
(3) You can make a binding purchase offer (order) through the online shopping cart system.
During this process, the products to be purchased are deposited in the “shopping cart”. You can access the “shopping cart” through the corresponding button located in the navigation bar and, from there, make changes at any time. After opening the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order-related data is finally displayed again on the order overview page. Before submitting the order, in this phase, you have the possibility to check and modify all the data (also by means of the “Back” function of the Internet browser) as well as to cancel the purchase.
By submitting the order using the “Order subject to payment” button, you will be issuing a binding offer to us.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order via a confirmation in the form of text (e.g. e-mail) by means of which the execution of the order or supply of the product (order confirmation).
If you do not receive any notification within this period, you will no longer be linked to your order. If necessary, the services already provided will be immediately restored in this case.
(5) Your inquiries for the purpose of making an offer to us are not binding on you. For this, we will make you a binding offer in text form (eg email) which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the necessary information related to the conclusion of the contract will take place by email, partly automatically issued. For this reason, you must ensure that the email address you provided is correct, that the receipt of emails is guaranteed from a technical point of view, and, especially, that such receipt is not hampered by the SPAM filter.
§ 3 Right of retention, reservation of ownership
(1) You may only exercise a right of retention in the case of claims derived from the same contractual relationship.
(2) The merchandise will remain our property until full payment of the purchase price is made.
(3) If you are an entrepreneur, the following will be valid in addition:
a) We reserve the ownership of the merchandise until full compensation of all claims arising from the ongoing commercial relationship occurs. Prior to the transfer of ownership of the retained merchandise, it is not allowed to pledge or transfer it as security.
b) You may subsequently sell the merchandise in the ordinary course of business. For this case, you assign us from this moment all claims derived from the subsequent sale for the scope of the invoice amount. We accept the assignment. Additionally, you are authorized to collect the claim. However, in the event that you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In case of combination and mixing of the retained merchandise, we will acquire the ownership of the new product in proportion to the invoice value of the retained merchandise with respect to the rest of the objects processed at the time of processing.
d) We undertake to release the guarantees that correspond to you at your request provided that the realizable value of our guarantees exceeds the claim to be insured by more than 10%. The selection of the guarantees to release is up to us.
§ 4 Guarantee provision
(1) The legal rights of liability for defects govern.
(2) As a consumer, you are kindly requested to check the integrity, the absence of obvious defects and transport damage to the merchandise at the time of delivery, as well as to notify us of any claim as soon as possible and to the shipping agent. If you do not comply with this obligation, this will not have consequences on your legal rights to provide the guarantee.
(3) To the extent that you are an entrepreneur, it will be valid, unlike the guarantee rules mentioned above:
a) Only our own characteristics of the merchandise and that appear in the manufacturer’s product description will be accepted, and not any type of advertising, public claims, or manufacturer’s statements.
b) In case of defects, at our discretion we will give a warranty for repair or subsequent delivery. If the correction of defects fails, at your option you can request a reduction or terminate the contract. The rectification of defects will be considered unsuccessful, after the second unsuccessful attempt to rectify, as long as the opposite does not result in particular from the nature of the thing or the vice or other circumstances. In the case of repair, we will not be responsible for the higher costs incurred by the shipment of the merchandise to another destination than the place of performance, as long as the shipment does not correspond to the intended use of the merchandise.
c) The term for the provision of the guarantee is one year from the supply of the goods. The reduced term will not apply:
– to damages imputed to us, caused culpably by us, of injuries to life, physical integrity or health and, in the case of other intentional damages or caused by gross negligence;
– if we have fraudulently concealed the defect or if we have assumed a quality guarantee of the thing;
– in the case of objects that have been used for work in accordance with their normal use and we have caused their deficiency;
– in the case of legal recourse claims that you have against us in relation to rights for defects.
§ 5 Agreement on the applicable law, place of performance, jurisdiction
(1) German law shall apply. In the case of consumers, this agreement on the applicable law will only be valid as long as the protection conferred by the mandatory provisions of the law of the state corresponding to the place of habitual residence of the consumer is not revoked (principle of the most favorable rule).
(2) The place of execution for all the services derived from the existing commercial relations with us as well as the jurisdictional jurisdiction will correspond to our headquarters provided that you are not a consumer, but a merchant, a legal person under public law, or an estate special of a public nature. The same will apply if you do not have any general jurisdiction in Germany or the European Union, or if the address or place of habitual residence is unknown at the time of filing the claim. The power to appeal to a court of another legal jurisdiction will remain unchanged.
(3) The provisions of the United Nations Convention on contracts for the international sale of goods shall not be expressly applicable.
_______________________________________________________________________________________
II. Customer information
1. Identity of the seller
XXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXX
Alternative dispute resolution:
The European Commission provides a platform for out-of-court dispute resolution (ODR platform), which is accessible here: https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the completion of the contract
The technical steps at the conclusion of a contract, the conclusion of the contract itself, and the possibilities of correction are carried out according to the legal provisions “Fulfillment of the contract” of the General Conditions (Part I).
3. Language of the contract, conservation of the contract text
3.1 The language of the contract is Spanish.
3.2 We will not keep the full text of the contract. Before sending the order, on the online bag system, it is possible to print the contract data using the browser’s print function or save it electronically. Once we receive the order, you will receive again by email the order details, the information legally prescribed for distance selling contracts, and the General Contract Conditions.
3.3 For inquiries about offers outside the online shopping cart system, you will receive all the contractual data sent in text form (e.g. E-Mail) within the framework of a binding offer, which can be printed or archived in an electronic.
4. Essential characteristics of the merchandise or service
You will find the essential characteristics of the merchandise and/or the provision of the service in the corresponding offer.
5. Prices and payment methods
5.1 The prices indicated in the corresponding offers as well as the shipping costs are total prices. These prices include all price components including all accrued taxes.
5.2 The derived shipping costs are not included in the purchase price. They can be called through a corresponding button designated on our website or in the respective offer, they are recorded separately in the course of the ordering process and are additionally run on their own, provided that the supply has not been promised. free of shipping costs.
5.3 If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer charges or currency exchange fees). credit institutions), which must be borne by you. 5.4 Any costs incurred for the money transfer will be borne by you, even if the goods are delivered to an EU Member State, but the payment has been agreed outside the European Union.
5.5 The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.6 Unless otherwise indicated in each of the payment methods, the payment rights derived from the contract entered into will be payable immediately.
6. Supply conditions
6.1 The supply conditions, the delivery date as well as the supply limitations that may exist, can be found by pressing a corresponding designated button on our website or in the respective offer.
6.2 As long as you are a consumer, it is legally regulated that the risk of fortuitous loss and fortuitous deterioration of the product sold during shipment is transmitted to you once the merchandise is delivered, regardless of whether the shipment is made with or without insurance. This will not be valid when you have independently designated a transport company or a person who has not been designated by us to carry out the shipment.
If you are an entrepreneur, shipping and delivery are done at your own risk.
7. Legal right to liability for defects
Liability for defects is based on the “Warranty” regulations of our General Terms and Conditions (Part I).
These GTCs and the information for the client have been prepared by legal experts from the Händlerbund company specialized in information technology law, and are constantly reviewed to ensure that they comply with the law. The company Händlerbund Management AG guarantees the legal certainty of the texts and responds in case of reprimands. You will find more detailed information on this at the following address: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 19.11.2018
____________________________________________________________________________________
Revocation form model
(If you want to revoke the contract, fill out this form and send it to us.)
– To XXXXXXXXXXXXXXXXXXXXXXXXXXX, e-Mail address: XXXXXXXXXXXXXXXXXXXXXXXXXXX:
– I hereby revoke/revoke (*) the contract signed by me/us (*) on the purchase of the following goods (*) /
the provision of the following services (*)
– Date of the order (*) / receipt (*)
– Name of the consumer/consumers
– Address of the consumer/consumers
– Signature of the consumer/consumers (only in case of paper notification)
– Date
(*) Strikeout what is not appropriate.
___________________________________________________________________________________________________________________
Data protection declaration
Unless otherwise indicated, the law does not oblige you or stipulate that you must provide your personal data, nor is it required to enter into a contract. You are not obliged to provide data. Failure to provide them does not imply consequences. This provision will only be applicable to the extent that no indication to the contrary is given during subsequent processing operations. The term “Personal Data” includes any information relating to an identified or identifiable natural person.
Server log files You can visit our websites without providing any personal information. With each access to our website, we or our web host / IT service provider will receive usage data via your internet browser. That information will be stored in protocol files (so-called server log files). These stored data include, for example, the name of the page consulted, the time and date of the query, the IP address, the volume of data transferred, and the provider from which the query is made. The treatment is carried out on the basis of art. 6, ap. 1 letter f of the RGPD with the legitimate interest of guaranteeing a fault-free operation of our website as well as improving our offer.
Customer account Order
Customer account When you open a customer account, we collect the personal data that you share in the process. The purpose of data processing is to improve your shopping experience and to simplify order processing. The processing is based on art. 6 (1) letter a of the RGPD with your consent. You can revoke your consent at any time by sending us a notification without affecting the legality of the authorization until the moment of revocation. Your customer account will be deleted later.
Collection, processing, and transmission of personal data in case of order If you place an order, we will only collect and process your personal data to the extent necessary for the fulfillment and processing of your order, as well as for the processing of your requests. It is necessary to provide the data to enter into the contract. Otherwise, it will not be possible to enter into a contract. The treatment is carried out in accordance with art. 6, ap. 1 letter b of the GDPR and is necessary to be able to perform a contract with you. Your data will be transmitted, for example, to the transport and direct shipping company chosen by you, as well as providers of payment services, services for the processing of the contract, and IT services. We will strictly abide by the legal provisions in all cases. The scope of data transmission is limited to a minimum.
Contact Newsletter
Collection and processing by using the contact form Through the contact form, we collect only the personal data (name, email address, message text) that you have chosen to provide. Data processing is for the purpose of establishing initial contact. By sending your message, you agree to the processing of the transmitted data. The processing is based on art. 6 (1) letter a of the RGPD with your consent. You can revoke your consent at any time by sending us a notification without affecting the legality of the authorization until the moment of revocation. We only use your email address for the processing of your request. Your data will be deleted later unless you have consented to further processing and use.
Use of the email address for sending newsletters Regardless of the contract, we use your email address only for advertising purposes for sending newsletters provided that you have given your express consent. The processing is based on art. 6 (1) letter a of the RGPD with your consent. You can revoke the consent at any time without affecting the legality of the authorization until the moment of revocation. You can unsubscribe from the newsletter at any time through the corresponding link located in the newsletter or by sending us a notification about it. From that moment on, your email address will no longer be part of the distribution list.
Your data will be transmitted to an email marketing service provider as part of job processing. They are not passed on to other third parties.
Use of the email address to send direct advertising We use your email address, which we have obtained through the sale of a good or service, to send electronic advertising of our own goods or services, similar to those that you previously acquired with us as long as you have not objected. It is necessary to provide the email address for the conclusion of the contract. The fact of not providing them implies that the contract cannot be concluded. The processing is based on art. 6 (1) letter f of the RGPD of the legitimate interest in direct advertising. You can refuse this use of your email address at any time if you notify us. You can find the contact details to make your opposition known in the legal notice. You can also use the link for this in the advertising email. There are no other expenses than transmission according to the basic rates.
Transport companies Goods management
E-mail address dissemination to freight forwarders to obtain shipment status information We will share your e-mail address with the freight company in the context of the contract provided that you have given your express consent. The purpose of the dissemination is to inform you by email about the status of the shipment. The processing is based on art. 6 (1) letter a of the RGPD with your consent. You can revoke the consent at any time by sending a notification to us or to the transport company without the legality of the authorization being affected until the moment of revocation.
Using an external merchandise management system We use a merchandise management system as part of a job processing for the performance of the contract. Your personal data collected during the order will be used for this purpose Billbee GmbH, Paulinenstrasse 54, 32756 Detmold, Germany
Payment service providers
Using PayPal
All PayPal transactions are subject to PayPal’s Privacy Policy. You can find them at https://www.paypal.com/es/webapps/mpp/ua/privacy-full?locale.x=es_ES (https://www.paypal.com/es/webapps/mpp/ua/privacy -full? locale.x = es_ES)
Cookies Our website uses cookies. Cookies are small text files that are stored in the Internet browser or from the Internet browser on a user’s computer system. When a user visits a web page, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that allows the unique identification of the browser when the web page is visited again. We use these cookies in order to make our offer more user-friendly, effective, and secure. In addition, cookies allow our systems to recognize your browser, even after changing the page, and offer you services. Some features of our website cannot be offered without the use of cookies. For such services, it is necessary for the browser to be recognized, even after a page change. The treatment is based on art. 6, paragraph 1, letter f of the RGPD based on the legitimate interest in guaranteeing the optimal functionality of the website, as well as designing our offer in an effective and simple way. 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 receive a notification before storing cookies and decide individually whether to accept them or prevent the storage of cookies and the transmission of the contained data. Cookies already saved can be deleted at any time. However, we advise you that you may not be able to use all the functions of this website in their entirety. The following links will tell you how to manage (and disable) cookies in the main browsers: Chrome browser: https://support.google.com/accounts/answer/61416?hl=es (https://support.google.com / accounts / answer / 61416? hl = es) Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies (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 (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 (https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac)
Plug-ins
Use of YouTube On our website, we use the YouTube video embedding feature of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “YouTube”). YouTube is a subsidiary of Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, “Google”). The function displays videos stored on YouTube in an iFrame on the web page. The option “Extended privacy mode” is activated. As a result, YouTube does not store information about visitors to the web. The information will only be transmitted and stored on YouTube when you watch a video.
If necessary, your data will be transmitted to the US Google has certified itself according to the privacy agreement between the US and the EU, the “Privacy Shield”, and has thereby committed itself to respect the rules of European data protection. For more information on the collection and use of data by YouTube and Google, your right to do so, and ways to protect your privacy, please see YouTube’s Privacy Policy (https://www.youtube.com/t / privacy (https://www.youtube.com/t/privacy)).
Use of Google reCAPTCHA On our website we use the reCAPTCHA service of Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; “Google”).
Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller of your data if you have your habitual residence in the European Economic Area or in Switzerland. Therefore, Google Ireland Limited is the Google affiliated company that is responsible for the processing of your data and for compliance with applicable data protection laws.
The purpose of this query is to distinguish entries made by people or by means of an automated machine. For this, your entry is sent to Google, who will use it. In addition, the IP addresses and, if necessary, other data required by Google for the reCAPTCHA service will also be transmitted to Google. This data will be processed by Google in the European Union and, if applicable, also in the USA For data transmission in the USA, there is a suitability resolution of the European Commission, the “Privacy Shield”. Google is part of said “Privacy Shield” and is subject to its provisions. The processing takes place under art. 6, ap. 1 letter f of the RGPD for the legitimate interest to protect our website from automated data theft, misuse, and spam. You can find more information about Google reCAPTCHA and the corresponding data protection declaration at https://www.google.com/recaptcha/intro/android.html (https://www.google.com/recaptcha/intro/android. html) as well as https://www.google.com/privacy (https://www.google.com/privacy).
Rights of the interested parties and duration of storage
Duration of storage After the completion of the contract, the data is processed first for the warranty period and then stored taking into account the legal, commercial, and fiscal storage periods. Finally, it is removed after the deadline, unless further processing and use have been agreed.
Rights of the affected person You have the right to the following according to articles 15 to 20 of the General Data Protection Regulation if the legal requirements are met: Right to information, correction, deletion, limitation of processing, data portability. Furthermore, in accordance with Article 21 (1) of the General Data Protection Regulation, you have the right to revoke the processing based on art. 6 (1) of the General Data Protection and Processing Regulation for direct mail. Contact us. The contact details appear in the legal notice.
Right of appeal to the supervisory authority In accordance with article 77 of the General Data Protection Regulation, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data is not legal.
Right of reply When the processing of personal data mentioned here is based on our legitimate interest according to art. 6, ap. 1 letter f of the RGPD, you will have the right to revoke them at any time with prospective effect for legitimate reasons inherent to your particular situation. After a revocation, the treatment of the affected data will be terminated, except when we can demonstrate well-founded and legitimate reasons for the treatment with priority over your interests, rights, and freedoms, or when the treatment serves to assert, exercise, or defend rights. When the processing of personal data is for direct advertising, you may revoke such processing at any time by sending us a statement. Upon revocation, we will terminate the processing of the data concerned for direct advertising purposes.
last update: 19.11.2018
