IMPRINT, TERMS AND CONDITIONS, RIGHT OF WITHDRAWAL
XFOIL
Owner: Egon Weinhold
Bramscher Str. 48
49088 Osnabrück
Osnabrück, Germany
Phone: 49 541 3859506
Mail: post@xfoil.shop
Sales tax identification number: DE353151229
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Data protection declaration
The person responsible for data processing is
Egon Weinhold
Bramscher Str. 48
49088 Osnabrück
Osnabrück, Germany
Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about how we handle your data.
1. ACCESS DATA AND HOSTING
You can visit our website without providing any personal data. Each time a website is accessed, the web server automatically saves only a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is analyzed exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. This serves to safeguard our legitimate interests, which predominate in the context of a weighing of interests, in a correct presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. All access data will be deleted no later than seven days after the end of your visit to the site.
1.1 HOSTING
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise stated in this privacy policy, all access data and all data collected in the forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
1.2 CONTENT DELIVERY NETWORK
We use a so-called Content Delivery Network ("CDN") for some of our offers in order to shorten loading times. With this service, content, e.g. large media files, is delivered via regionally distributed servers of external CDN service providers. Access data is therefore processed on the servers of the service providers. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
Our service providers are located in these countries USA
There is no adequacy decision by the European Commission for these countries. Our cooperation with you is based on these guarantees: Standard data protection clauses of the European Commission
2. DATA PROCESSING FOR CONTRACT PROCESSING, ESTABLISHING CONTACT AND WHEN OPENING A CUSTOMER ACCOUNT
We collect personal data if you voluntarily provide it to us as part of your order or when you contact us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as in these cases we need the data to process the contract or to process your contact and you cannot send the order or contact without providing it. Which data is collected can be seen from the respective input forms. We use the data provided by you for contract processing and processing your inquiries in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.
If you have given your consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account. Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account.
3. DATA PROCESSING FOR THE PURPOSE OF DISPATCH PROCESSING
In order to fulfill the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.
4. DATA PROCESSING FOR PAYMENT PROCESSING
When processing payments in our online store, we work together with these partners: technical service providers, credit institutions, payment service providers.
4.1 DATA PROCESSING FOR TRANSACTION PROCESSING
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us as part of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves to fulfill the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
If you have any questions about our partners for payment processing and the basis of our cooperation with them, please use the contact option described in this privacy policy.
4.2 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND OPTIMIZING OUR PAYMENT PROCESSES
If necessary, we provide our service providers with further data, which they use together with the data necessary for processing the payment as our processors for the purpose of fraud prevention and the optimization of our payment processes (e.g. invoicing, processing of disputed payments, accounting support). In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to safeguard our legitimate interests in our protection against fraud and efficient payment management, which predominate in the context of a balancing of interests.
5. COOKIES AND OTHER TECHNOLOGIES
GENERAL INFORMATION
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser on your next visit (persistent cookies).
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies are used to collect and process the IP address, time of visit, device and browser information as well as information about your use of our website (e.g. information about the contents of the shopping cart). In the context of a balancing of interests, this serves overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.
In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.
You can find the cookie settings for your browser under the following links Microsoft Edge™ [https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies] / Safari™ [https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14] / Chrome™ [https://support.google.com/chrome/answer/95647?hl=de&hlrm=en] / Firefox™ [https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies] / Opera™ [https://help.opera.com/de/latest/web-preferences/#cookies]
If you have consented to the use of the technologies in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the data protection declaration.
6. USE OF COOKIES AND OTHER TECHNOLOGIES FOR WEB ANALYSIS AND ADVERTISING PURPOSES
If you have given your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, we use the following cookies and other technologies from third-party providers on our website. The data collected in this context will be deleted after the purpose has ceased to apply and we have stopped using the respective technology. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". Further information, including the basis of our cooperation with the individual providers, can be found under the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
USE OF GOOGLE SERVICES
We use the following technologies from Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected via Google technologies, it will be shortened by activating IP anonymization before it is stored on Google's servers. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise specified for the individual technologies, data processing is carried out on the basis of an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information about data processing by Google can be found in Google's privacy policy [https://policies.google.com/privacy?hl=de].
GOOGLE ANALYTICS
For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which user profiles are created using pseudonyms. Cookies may be used for this purpose. Your IP address will not be merged with other Google data. Data processing is carried out on the basis of an agreement on order processing by Google.
For the purpose of optimized marketing of our website, we have activated the data sharing settings for "Google products and services". This allows Google to access the data collected and processed by Google Analytics and then use it to improve Google services. The release of data to Google as part of these data release settings is based on an additional agreement between the responsible parties. We have no influence on the subsequent data processing by Google.
GOOGLE ADS
For advertising purposes in Google search results and on third-party websites, the so-called Google Remarketing Cookie is set when you visit our website, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information as well as information about your use of our website) and by means of a pseudonymous cookie ID and based on the pages you visit. Any further data processing will only take place if you have activated the "personalized advertising" setting in your Google account. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing.
GOOGLE MAPS
For the visual presentation of geographical information, Google Maps collects data about your use of the Maps functions, in particular the IP address and location data, transmits it to Google and then processes it. We have no influence on this subsequent data processing.
GOOGLE FONTS
For the uniform presentation of the content on our website, data (IP address, time of visit, device and browser information) is collected by the script code "Google Fonts", transmitted to Google and then processed by Google. We have no influence on this subsequent data processing.
YOUTUBE VIDEO PLUGIN
To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube video plugin in the extended data protection mode used by us, transmitted to Google and then processed by Google only when you play a video.
7. SOCIAL MEDIA
SOCIAL PLUGINS FROM FACEBOOK, TWITTER, INSTAGRAM, WHATSAPP
Social buttons from social networks are used on our website. These are only integrated into the page as HTML links so that no connection is established with the servers of the respective provider when our website is accessed. If you click on one of the buttons, the website of the respective social network will open in a new window of your browser where you can click on the Like or Share button, for example.
8. CONTACT OPTIONS AND YOUR RIGHTS
As a data subject, you have the following rights
* in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
* in accordance with Art. 16 GDPR, the right to demand the immediate correction of incorrect or incomplete personal data stored by us
* in accordance with Art. 17 GDPR, the right to request the erasure of your personal data stored by us, unless further 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;
* in accordance with Art. 18 GDPR, the right to demand the restriction of the processing of your personal data, insofar as * the accuracy of the data is disputed by you;
* the processing is unlawful but you oppose the erasure of the data
* we no longer need the data, but you need it for the establishment, exercise or defense of legal claims; or
* you have objected to the processing pursuant to Art. 21 GDPR
* in accordance with Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller
* pursuant to Art. 77 GDPR, the right 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.
If you have any questions regarding the collection, processing or use of your personal data, information, correction, restriction or deletion of data as well as revocation of consent given or objection to a specific use of data, please contact us directly using the contact details in our legal notice.
Right of objection
If we process personal data as explained above in order to safeguard our legitimate interests, which are overriding in the context of a balancing of interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object on grounds relating to your particular situation.
After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defense of legal claims.
This does not apply if the processing is for direct marketing purposes. In this case, we will no longer process your personal data for this purpose.
General Terms and Conditions
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Egon Weinhold - KSK.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. DELIVERY CONDITIONS
We deliver free of shipping costs within Germany.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
5. PAYMENT
The following payment methods are available in our store:
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have selected the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimize yourself with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the order process.
Credit card via PayPal
If you have selected the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as the legitimate cardholder and your card will be charged. You will receive further instructions during the order process.
Direct debit via PayPal
If you have selected the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further information during the ordering process.
6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
8. WARRANTY AND GUARANTEES
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
9. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Cancellation policy
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (Egon Weinhold, Bramscher Str. 48, 49088 Osnabrück, Deutschland, post@xfoil.shop, Phone: 49 541 3859506) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).
- To Egon Weinhold, Bramscher Str. 48, 49088 Osnabrück, Germany, post@xfoil.shop
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
AGB - Imprint - Data protection