AGB

VAT identification number according to Section 27a of the Sales Tax Law: DE304360069 EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

VAT ID No.:
DE 304360069
VAT is shown separately on my invoices.

General terms and conditions for this offer

General terms and conditions with customer information & information on data protection

A. General terms and conditions with customer information

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Florian Kerezovic, trading under "hinfort" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on the Internet trading platform shopify (hereinafter "shopify"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.
1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

 

2) Right of withdrawal
2.1 Information on the right of withdrawal can be found in the seller's cancellation policy.
2.2 The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3) Prices and payment terms
3.1 The prices stated by the seller are total prices. Sales tax is shown unless the goods are subject to differential taxation in accordance with Section 25a of the VAT Act. Any additional delivery and shipping costs are stated separately in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4) Delivery and shipping conditions
4.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer with shopify is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
4.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the provisions set out in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.
4.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer. 4.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

 

4.5 Self-collection is not possible for logistical reasons.

5) Retention of title
If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.

6) Liability for defects (warranty)
6.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

6.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;

- for new goods, the limitation period for defects is one year from delivery of the goods;

- for used goods, rights and claims due to defects are excluded;

- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. 6.3 The liability limitations and deadline reductions regulated above do not apply
- to the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
6.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
6.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
6.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods that have been delivered and that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

7) Applicable law
7.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

8) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

––––––––––––––––––––––––––––––––––––
B. Information on data protection
–––––––––––––––––––––––––––––––––––––––

1) Information on the collection of personal data and contact details of the person responsible
1.1 In the following we inform you about how your personal data is handled when you use our eBay website. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Florian Kerezovic, Retrobroed, Bergisch Gladbacher Str. 614, 51067 Cologne, Germany, Tel.: 0221 96269766, E-Mail: contact@trouble-media.com. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

2) Contacting us
When you contact us, personal data may be collected, which we store and use in accordance with Art. 6 (1) (f) GDPR solely because of our legitimate interest in answering your request. For contract-related inquiries, the additional legal basis for data processing is Art. 6 (1) (b) GDPR.

3) Use of your data for direct advertising
If you subscribe to our newsletter as a registered member, you give us your consent to use your personal data in accordance with Art. 6 (1) (a) GDPR. You can unsubscribe from the newsletter at any time by deleting us as a saved seller in your settings on "My eBay". Your email address will then be immediately deleted from the newsletter mailing list unless we are legally permitted to use the data further in individual cases.

 

4) Data processing for order processing
4.1 If necessary for the delivery of the goods, we will pass on your personal data to the transport company commissioned with the delivery as part of the contract processing in accordance with Art. 6 Para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
We will inform you explicitly below about the processing of your data by the payment service provider(s) selectable at shopi.
4.2 As part of the “payment processing by Shopify” we will initially pass on your payment data - if necessary - to Shopify in accordance with Art. 6 Paragraph 1 Letter b of GDPR. If you pay by direct debit or credit card, Shopify will process your payment itself. If you pay via PayPal, Apple Pay, Google Pay or Klarna Sofortüberweisung (Sofort), eBay will transmit your required payment data to the selected payment service provider to process the payment in accordance with Art. 6 Paragraph 1 Letter b of GDPR:
- PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
- Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland
- Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”)
- SOFORT GmbH, Theresienhöhe 12, 80339 Munich as part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden).

5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive rights as a data subject (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we inform you below:
- Right to information in accordance with Art. 15 GDPR;
- Right to rectification in accordance with Art. 16 GDPR;
- Right to erasure in accordance with Art. 17 GDPR;
- Right to restriction of processing in accordance with Art. 18 GDPR;
- Right to information in accordance with Art. 19 GDPR;
- Right to data portability in accordance with Art. 20 GDPR;
- Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
- Right to lodge a complaint in accordance with Art. 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA IN ORDER TO CARRY OUT DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

 

6) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing and, if applicable, also by the respective statutory retention period.
When personal data is processed on the basis of an express consent in accordance with Art. 6 Para. 1 lit. a GDPR, this data is stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that is processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b GDPR, this data is routinely deleted after the retention periods have expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in continuing to store it.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (2) GDPR.
In addition, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

7) Reference to the eBay privacy policy
The shopify platform is responsible for all further data processing that goes beyond the data processing described above.