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GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION & CANCELLATION POLICY & CANCELLATION FORM
Table of contents
A. Terms and Conditions with Customer Information
1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects
8. Governing Law, Contract Language
9. Alternative Dispute Resolution
10. Code of Conduct
B. Cancellation policy
1. Right of Withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
4. General information
C. Withdrawal Form
_____
A. Terms and Conditions with Customer Information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Petra Segger, trading under "Qi Imagery" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the Seller using means of long-distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j Para. 5 Clause 1 BGB. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 Entrepreneur within the meaning of these GTC 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.
2) Conclusion of contract
2.1 The customer can send a non-binding request to submit an offer to the seller by e-mail, by telephone or via the "Send message" function on the Facebook page. At the customer's request, the seller sends the customer a binding offer in text form (e.g. by e-mail) for the sale of the goods previously selected by the customer from the seller's range of goods.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller by email or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the period will. The date of receipt of payment by the seller is decisive for acceptance by payment. If the last day of the period for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's registered office, the next working day shall take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again. The seller will point this out to the customer again in his offer.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any 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.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the seller's offer.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred 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.
4.3 Various payment options are available to the customer, which are communicated to him in the seller's offer.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the "PayPal" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:/ /www.paypal.com/de/webapps/mpp/ua/useragreement-full .
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.
5.2 If 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 for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; if the limitation period for defects in the case of new goods is one year from delivery of the goods; if the rights and claims due to defects are excluded in the case of used goods; if the limitation period does not begin again, if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply to claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, for 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.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Applicable Law, Contract Language
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any 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.
8.3 The contract language is German.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
B. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Petra Segger, Qi Imagery, Breite Str. 27, 40213 Düsseldorf, Germany, Tel.: +491705055500, email: petra@qi-imagery.com) a clear statement (e.g. B. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website https://qi-imagery.com/pages/widerrufsrecht . If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to consumers who do not belong to 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.
General information
1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the above numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
C. Withdrawal Form
If you want to revoke the contract, please fill out this form and send it back.
On
Petra Segger
Qi Imagery
27 Broad St
40213 Dusseldorf
Germany
Email: petra@qi-imagery.com
I/we (*) hereby revoke 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 consumer(s)
__________________________________________________________
Address of consumer(s)
__________________________________________________________
Signature of consumer(s) (only if notification is on paper)
__________________________
date
(*) Delete where not applicable
PRIVACY INFORMATION
1) Information about the collection of personal data and contact details of the person responsible
1.1 In the following we inform you about the handling of your personal data. Personal data is all data with which you can be personally identified.
Please check carefully what personal data you share with us via Facebook. As long as you are logged into your Facebook account and visit our Facebook profile, Facebook can assign this to your Facebook profile. We expressly point out that Meta, as the operator of Facebook, stores the data of its users (e.g. personal information, IP address, etc.) and may also use this for business purposes. For more information on Facebook's data processing, see Facebook's privacy policy at https://de-de.facebook.com/policy.php .
We have no influence on data collection and further processing by Facebook. Furthermore, it is not clear to us to what extent, where and for how long the data is stored by Facebook, to what extent Facebook fulfills existing deletion obligations, which evaluations and links with the data are carried out by Facebook and to whom the data is passed on by Facebook will. If you would like to prevent Facebook from processing personal data that you have sent to us, please contact us by other means. Our complete contact details can be found in our imprint on Facebook.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Petra Segger, Qi Imagery, Breite Str. 27, 40213 Düsseldorf, Germany, Tel.: +491705055500, email: petra@qi-imagery.com, to the extent we only process the data you send us via Facebook ourselves.
Insofar as the data you transmit to us via Facebook is also or exclusively processed by Meta as the operator of Facebook (Insights data), Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, Responsible for data processing within the meaning of the General Data Protection Regulation (GDPR). In this respect, data processing takes place on the basis of an agreement between joint controllers in accordance with Art. 26 GDPR, which you can view here:
https://www.facebook.com/legal/terms/page_controller_addendum .
Furthermore, an additional agreement between us and Meta Platforms Ireland Ltd applies to the use of certain Facebook products, such as the so-called "Facebook Business Tools", and to the data processing carried out as a result. as joint controller according to Art. 26 GDPR, which can be viewed here:
https://www.facebook.com/legal/controller_addendum
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 the processing of personal data.
2) Data Protection Officer
You can contact the data protection officer of Meta as the operator of Facebook using the online contact form provided at https://www.facebook.com/help/contact/540977946302970 .
3) Data processing when contacting you
3.1 We collect personal data ourselves if you e.g. B. contact us via contact form or messenger. You can see which data we collect when you contact us via the contact form from the relevant contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR. If you contact us with the aim of concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed, provided there are no legal storage requirements to the contrary. We assume a final processing if it can be inferred from the circumstances that the matter in question has been finally clarified.
3.2 Contact via WhatsApp
If you contact us via WhatsApp on the occasion of a specific transaction (e.g. an order placed), we will save and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Article 6 Paragraph 1 lit. b. DSGVO for processing and answering your request. On the same legal basis, we may ask you via WhatsApp to provide additional data (order number, customer number, address or e-mail address) in order to be able to assign your request to a specific transaction.
If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we will save and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 Para. 1 lit . f GDPR on the basis of our legitimate interest in the efficient and timely provision of the desired information.
Your data will always only be used to answer your request via WhatsApp. A disclosure to third parties does not occur.
Please note that WhatsApp has access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Facebook Inc. in the USA. To operate our WhatsApp account, we use a mobile device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.
This ensures that every person whose WhatsApp contact details are stored in our address book, when using the app on their device for the first time, by accepting the WhatsApp terms of use in the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 Paragraph 1 lit. a GDPR has consented. A transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore excluded.
The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your rights in this regard and setting options for protecting your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1# privacy policy
4) Data processing for statistical and marketing purposes
4.1 Page Insights
Facebook provides us with so-called page insights for our Facebook page: https://www.facebook.com/business/a/page/page-insights . This is aggregated data that helps us understand how people interact with our site. Page Insights may be based on personal information collected in connection with an individual's visit or interaction with our Site and its content. According to Art. 6 (1) (f) GDPR, this serves to protect our legitimate interests in an optimized presentation of our offer and effective communication with customers and interested parties.
You can object to the processing of your data for the aforementioned purposes at any time by changing your settings for advertisements in your Facebook user account at https://www.facebook.com/settings?tab=ads .
4.2 Facebook Lead Ads
We use the "Lead Ads" function from Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook") to collect certain personal data from interested parties - so-called leads - via a contact form displayed on Facebook websites (so-called "Instant Form") to collect and process. The content and scope of the data requested in this form depends on the focus of the respective lead campaign.
The processing of the data is strictly linked to the purposes pursued with the respective lead ad campaign. These purposes are clearly stated in the lead ad or on the form provided before the specified data is transmitted. Depending on the orientation of the lead ad campaign, the legal basis for data processing is either your express consent in accordance with Article 6 Paragraph 1 lit Optimal marketing of our offer in accordance with Art. 6 Para. 1 lit. f GDPR. A transfer of data to third parties does not take place.
As part of the aforementioned services, data transmitted via instant forms can be stored on servers of Meta Platforms, Inc., 1601 Willow Rd, Menlo Park, CA 94025, USA.
Further information on data processing via Facebook Lead Ads can be found in Facebook's data policy at https://de-de.facebook.com/privacy/explanation
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
Right to information pursuant to Art. 15 GDPR; Right to rectification pursuant to Art. 16 GDPR; Right to erasure pursuant to Art. 17 GDPR; Right to restriction of processing pursuant to Art. 18 GDPR; Right to information pursuant to Art. 19 GDPR; Right to data portability pursuant to Art 20 GDPR; right to revoke granted consent in accordance with Article 7 (3) GDPR; right to lodge a complaint in accordance with Article 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for 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 Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION & CANCELLATION POLICY & CANCELLATION FORM
Table of contents
A. Terms and Conditions with Customer Information
1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects
8. Governing Law, Contract Language
9. Alternative Dispute Resolution
10. Code of Conduct
B. Cancellation policy
1. Right of Withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
4. General information
C. Withdrawal Form
_____
A. Terms and Conditions with Customer Information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Petra Segger, trading under "Qi Imagery" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the Seller using means of long-distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j Para. 5 Clause 1 BGB. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 Entrepreneur within the meaning of these GTC 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.
2) Conclusion of contract
2.1 The customer can send a non-binding request to submit an offer to the seller by e-mail, by telephone or via the "Send message" function on the Facebook page. At the customer's request, the seller sends the customer a binding offer in text form (e.g. by e-mail) for the sale of the goods previously selected by the customer from the seller's range of goods.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller by email or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the period will. The date of receipt of payment by the seller is decisive for acceptance by payment. If the last day of the period for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's registered office, the next working day shall take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again. The seller will point this out to the customer again in his offer.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any 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.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the seller's offer.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred 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.
4.3 Various payment options are available to the customer, which are communicated to him in the seller's offer.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the "PayPal" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:/ /www.paypal.com/de/webapps/mpp/ua/useragreement-full .
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.
5.2 If 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 for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; if the limitation period for defects in the case of new goods is one year from delivery of the goods; if the rights and claims due to defects are excluded in the case of used goods; if the limitation period does not begin again, if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply to claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, for 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.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Applicable Law, Contract Language
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any 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.
8.3 The contract language is German.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
B. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Petra Segger, Qi Imagery, Breite Str. 27, 40213 Düsseldorf, Germany, Tel.: +491705055500, email: petra@qi-imagery.com) a clear statement (e.g. B. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website https://qi-imagery.com/pages/widerrufsrecht . If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to consumers who do not belong to 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.
General information
1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the above numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
PRIVACY INFORMATION
1) Information about the collection of personal data and contact details of the person responsible
1.1 In the following we inform you about the handling of your personal data. Personal data is all data with which you can be personally identified.
Please carefully consider what personal information you share with us via Instagram . Instagram is part of the Meta group of companies and shares infrastructure, systems and technology with Meta and other Meta companies ( https://www.facebook.com/help/111814505650678?ref=dp ). We expressly point out that Meta saves the data of the users of its services (e.g. personal information, IP address, etc.) and may also use this for business purposes. For more information on how Meta data is processed by Instagram, see Instagram's privacy policy at https://help.instagram.com/help/instagram/519522125107875/
We have no influence on data collection and further processing by Meta. Furthermore, it is not clear to us to what extent, where and for how long the data is stored, to what extent Meta fulfills existing deletion obligations, which evaluations and links are made with the data and to whom the data is passed on. If you wish to prevent Meta from processing personal data that you have submitted to us, please contact us by other means. Our complete contact details can be found in our imprint on Instagram.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Petra Segger, Qi Imagery, Breite Str. 27, 40213 Düsseldorf, Germany, Tel.: +491705055500, email: petra@qi-imagery.com, to the extent we only process the data you send us via Instagram ourselves. Insofar as the data you transmit to us via Instagram is also or exclusively processed by Meta, Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland is also responsible for data processing within the meaning of data protection law. General Regulation (GDPR).
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 the processing of personal data.
2) Data Protection Officer
You can contact Meta's data protection officer using the online contact form provided at https://www.facebook.com/help/contact/540977946302970 .
3) Data processing when contacting you
3.1 We collect personal data ourselves if you e.g. B. contact us via contact form or messenger. You can see which data we collect when you contact us via the contact form from the relevant contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR. If you contact us with the aim of concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed, provided there are no legal storage requirements to the contrary. We assume a final processing if it can be inferred from the circumstances that the matter in question has been finally clarified.
3.2 WhatsApp Business
We offer visitors to our Instagram presence the opportunity to contact us via the WhatsApp messaging service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this we use the so-called "Business Version" of WhatsApp.
If you contact us via WhatsApp on the occasion of a specific transaction (e.g. an order placed), we will save and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Article 6 Paragraph 1 lit. b. DSGVO for processing and answering your request. On the same legal basis, we may ask you via WhatsApp to provide additional data (order number, customer number, address or e-mail address) in order to be able to assign your request to a specific transaction.
If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we will save and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 Para. 1 lit . f GDPR on the basis of our legitimate interest in the efficient and timely provision of the desired information.
Your data will always only be used to answer your request via WhatsApp. A disclosure to third parties does not occur.
Please note that WhatsApp Business has access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Inc. in the USA. To operate our WhatsApp business account, we use a mobile end device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.
This ensures that every person whose WhatsApp contact details are stored in our address book, when using the app on their device for the first time, by accepting the WhatsApp terms of use in the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 Paragraph 1 lit. a GDPR has consented. A transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore excluded.
The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your rights in this regard and setting options for protecting your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1# privacy policy
4) Data processing for contract execution
If your contact via Instagram serves as the basis for a contract for the delivery of goods and/or the provision of services with us, we will also process the data you have transmitted to us in this context as follows in the event of a contract being concluded:
4.1 We pass on your payment data to the commissioned credit institution as part of the payment process, provided this is necessary for the payment process. The legal basis for the transfer of data is Art. 6 (1) (b) GDPR.
4.2 In the case of contracts for the delivery of goods, we pass on the personal data collected by us as part of the contract to the transport company commissioned with the delivery, insofar as this is necessary for the delivery of the goods.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the framework of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for 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 information in question.
4.3 In the case of contracts for the delivery of goods, we work together with external shipping partners (dropshipping) to fulfill our contractual obligations to our customers. We pass on your name and your delivery address to a shipping partner selected by us exclusively for the purpose of delivering the goods in accordance with Article 6 (1) (b) GDPR.
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
Right to information pursuant to Art. 15 GDPR; Right to rectification pursuant to Art. 16 GDPR; Right to erasure pursuant to Art. 17 GDPR; Right to restriction of processing pursuant to Art. 18 GDPR; Right to information pursuant to Art. 19 GDPR; Right to data portability pursuant to Art 20 GDPR; right to revoke granted consent in accordance with Article 7 (3) GDPR; right to lodge a complaint in accordance with Article 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for 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 Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
