c/o Roedl LLP
747 Third Avenue, 4th Floor
New York, NY 10017
Tel. +49 (0)30 726 13 2000
Fax +49 (0)30 726 13 2222
Standard Business Terms and customer information 5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote. Specimen - revocation form
"Personal data" is any information relating to an identified or identifiable natural person.
Server log files
You can use our websites without submitting personal data. Every time you access our website, user data is transmitted by your internet browser and stored in protocol files (server log files). This stored data includes e.g. name of the site called up, date and time of the request, amount of data transferred and the provider making the request. This data serves exclusively to ensure smooth operation of our website and to improve our offering. It is not possible to assign this data to a particular person.
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and use of personal data in orders
When you submit an order, we only collect and use your personal data where this is necessary for the fulfilment and handling of your requests. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of art. 6 (1) lit. b GDPR and is required for the fulfilment of a contract with you. We will not forward your data to third parties without your explicit consent. This only excludes our service partners which we require in order to handle the contractual relationship or service providers we use to process an order. Along with the recipients named in the clauses of this data protection declaration, these may be recipients in the following categories: Shipping providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and dropshipping dealers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.
Your data will be transferred to a third country, which is covered by an adequacy decision by the European Commission.
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_GB.
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Use of Google Analytics
Use of Google Adwords conversion tracking
Our website uses the online marketing programme "Google AdWords", including conversion tracking. Google conversion tracking is a service operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google AdWords customer receives a separate cookie. Therefore, it is not possible to track cookies relating to the websites of AdWords customers. The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in targeted marketing and analysis of the effectiveness and efficiency of this marketing.
You will find more information as well as Google's data protection declaration at: https://www.google.de/policies/privacy/
Use of Facebook remarketing
Our website uses the remarketing function "Custom Audiences" by Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook"). This function serves to address the visitor to the website with interest-related advertising on the social network Facebook. We have implemented Facebook's remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook's servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in the above purpose.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation.
Use of Google AdSense
You will find more information as well as Google's data protection declaration at: https://www.google.com/policies/technologies/ads/, https://www.google.com/policies/privacy/
Use of GoogleMaps
Our website uses Google Inc.'s feature for the embedding of Google Maps (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature visually represents geographical information and interactive maps. Google also collects, processes and uses data on visitors to the website when they call up pages with embedded Google maps. Your data may also be transmitted to the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission.
Processing is carried out on the basis of art. 6 par. 1 point (f) GDPR due to our justified interest in needs-based and targeted design of the website.
Rights of the affected person If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Contact us at any time. Our contact details can be found in our imprint.
You can contact our data protection officers directly at: firstname.lastname@example.org
Right to complain to the regulatory authority You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
last update: 25.04.2018
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Gestalten Corp.) via the gestalten.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the "Complete Order" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law, place of fulfillment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Gestalten Corp. c/o Roedl LLP
747 Third Avenue, 4th Floor
New York, NY 10017
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specializing in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service.).
last update: 07.12.2017
Instructions for revocation
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
In order to exercise your revocation right, you must inform us (Gestalten Corp., c/o Roedl LLP, 747 Third Avenue, 4th Floor, New York, NY 10017, USA, Telephone number: +4930726132000, Fax number: +4930726132222, E-Mail address: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery. ________________________________________________________________________
(If you wish to revoke the contract, please fill up this form and send it back to us.) - To Die Gestalten Verlag GmbH & Co. KG, Mariannenstr. 9-10, 10999 Berlin, Fax number: +4930726132222, Email address: firstname.lastname@example.org :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/ 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 in case of a notification on paper)
(*) Cross out the incorrect option.
Standard Business Terms and customer information
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
Specimen - revocation form