General Terms and Conditions & Client Information
General Terms and Conditions and Client Information & Information on Data Protection
Table of Contents
A. General Terms and Conditions and Client Information
- Scope of Application
- Conclusion of the Contract
- Right to cancel
- Price and delivery costs
- Shipment and Delivery Conditions
- Law and jurisdiction
- Alternative dispute resolution
B. Information on Data Protection
- Information on the Collection of Personal Data and Contact Details of the Controller
- Processing of Data for the Purpose of Order Handling
- Rights of the Data Subject
- Duration of Storage of Personal Data
A. General Terms and Conditions and Client Information
1) Scope of Application
1.1 These Terms and Conditions of the company NFC21 GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented by the Seller on the electronic trading platform Amazon Marketplace (hereinafter referred to as "Amazon"). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions displayed by the Seller on the Amazon platform do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client can place an order via the Amazon integrated basket system or via the 1-Click ordering function.
2.2.1 After having placed the chosen items in the virtual shopping cart, the Client places an order via the basket system by clicking on the button "Buy now" in the final stage of the ordering procedure. This order is deemed to be a legally binding offer to buy the chosen amount of goods displayed on the respective product information page.
2.2.2 If the Client places an order via the 1-Click-ordering function by clicking on the button "buy now with 1-Click", this order is deemed to be a legally binding offer to buy the chosen amount of goods displayed on the respective online product page. In doing so, the Client has to pass through the following technical steps:
In a first step, the Client registers with Amazon. In a second step he activates the 1-Click ordering function. To this end, after entering his password, he clicks on the link "My account” and subsequently he clicks on the site which is opening on the link "Check or change 1-click- preferences” under the heading "settings”. Here the Client enters his address in a third step. In a fourth step he enters the required data regarding payment method "Bank draft” or payment method "Credit card payment”. In a fifth step the Client, when entering the site "Manage addresses and 1-click settings”, clicks on the button "Activate the 1-click-settings”. In a sixth step he clicks back to the article site. In the seventh step the Client, when choosing an article, selects the wanted delivery address from the 1-click-pulldown-menu. In the eighth step he clicks on the button "Buy now with 1-Click”.
2.3 Immediately after submitting his order, Amazon will send the Client an e-mail confirming the Seller's receipt of the order. The Seller can accept the Client's offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail) or by doing so through Amazon; insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client or through Amazon; insofar receipt of goods by the Client is decisive, or
- by requesting the Client directly or through Amazon to pay after he placed his order, or
- provided direct debit payment is offered and the Client chooses this payment method, by debiting the total price from the Client’s account or by asking Amazon to do so. In this case the date is decisive on which the Client’s account is debited.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The time limit begins to run the day after the Client has submitted his offer and ends on the expiry of the fifth day following the submission of the offer.
2.5 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored by Amazon and can be found by the Client in the customer login via the password-protected customer account established by Amazon.
2.6 When placing an order via the Amazon integrated basket system, the Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function. When placing an order via the 1-Click-ordering function, the order procedure is finalized when clicking on the button "Buy now with 1-Click”. Once the button "Buy now with 1-Click” has been activated, input errors can no longer be corrected.
2.7 The English language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. It is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instruction on cancellation, which can be called up under the heading “Instructions for cancellations & Cancellation form”. Independent of the legal right of cancellation, the client may return the goods pursuant to the Amazon return policy which can be called up under “Return, Warranties and Refunds Returns- right of withdrawal”.
4) Price and delivery costs
4.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.These include, for example, costs for the transfer of money by credit institutions (e. g. transfer fees, exchange rate fees) or import levies or taxes (e. g. customs duties).
4.3 Payment processing takes place via the Amazon Payments payment system of the platform operator Amazon. Payments can be made by direct debit or credit card (Visa, Mastercard, American Express).
5) Shipment and Delivery Conditions
5.1 Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. The processing of the transaction is based on the delivery address provided by the Client to Amazon.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person entitled to receive them upon delivery. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of dispatch purchase shall pass to a suitable transport person upon delivery of the goods at the seller's place of business.
5.4 Personal collection is not possible for logistical reasons.
6.1 The purchase of defective goods is subject to the statutory provisions.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Law and jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: https://www.ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
B. Information on Data Protection
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our Amazon internet presentation (hereinafter “website”) and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is NFC21 GmbH, Merziger Str. 6, 45481 Mülheim an der Ruhr, Deutschland, Tel.: +49 (0) 208 69821931, Fax: +49 (0) 208 69821932, E-Mail: email@example.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
3) Processing of Data for the Purpose of Order Handling
3.1 To process your order, we work together with the following service provider(s), which support us wholly or partially in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
3.2 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
3.3 Service Provider
4) Rights of the Data Subject
4.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
- Right of access by the data subject pursuant to Art. 15 GDPR: In particular, you have a right of access to your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, deletion, restriction of processing, objection to processing, a complaint to a supervisory authority, the origin of your data, if that was not collected from you by us, the existence of an automated decision-making process including profiling and, if applicable, meaningful information on the logic involved, the scope and intended effects of such processing concerning you, as well as your right to be informed about the guarantees provided for in Art. 46 GDPR for the transfer of your data to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to erase pursuant to Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right shall not apply if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restricting of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data, as long as the accuracy of your data contested is verified, if you refuse to have your data deleted due to inadmissible data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims after we no longer need this data because its purpose has been achieved, or if you have filed an objection for reasons of your particular situation, as long as it is not yet clear whether our justified reasons will prevail;
- Right to be informed pursuant to Art. 19 GDPR: If you have exercised your right to rectify, delete or restrict the processing vis-à-vis the controller, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed regarding this rectification, deletion of the data or restriction on processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 GDPR: You have the right to receive the personal data you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible, insofar as this is technically feasible;
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data infringes the GDPR, you have the right of appeal to a supervisory authority, in particular in the member state where you reside or work or in the place of the suspected infringement, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.