General Terms and Conditions (GTCs) and customer information
In the following, we would like to present to you our General Terms and Conditions, which we use as a basis for providing all services provided on www.enkatex.de.
1. Scope
These terms and conditions of enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen, Germany, telephone: Phone: +49 (0)8541 / 9696-300 Email: info@enkatex.de, hereinafter referred to as “Seller”, apply to all sales, deliveries and services of the Seller that the Customer purchases from the Seller in the online shop on “www.enkatex.de” in accordance with § 312 b para. 2 BGB (German Civil Code). The inclusion of a customer’s own GTCs, such customer not being a consumer, is hereby contested, unless otherwise agreed.
A consumer is any natural person who enters into a legal transaction for a purpose attributable neither to their trade nor to their independent professional activity. An entrepreneur is a natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent commercial or professional activity.
2. Conclusion of the agreement, introduction errors, agreement language, agreement storage
2.1. Conclusion of the online shop agreement www.enkatex.de
2.1.1. The presentation of our products on our website contains only an invitation to the customer to submit an agreement offer. By submitting an order, the customer makes an offer within the meaning of § 145 BGB (German Civil Code). The customer receives an order receipt confirmation by e-mail. The purchase agreement is concluded when the order is accepted by delivery of the goods or notification of delivery within 2 days.
2.1.2. Technical presentation of the ordering process (§§ 312c para. 2 and 312 e BGB (German Civil Code) in conjunction with Article 246 § 3 No. 1 EGBGB (German Civil Code Implementation Act):
Select the goods – if necessary with color and size -, the “ADD TO SHOPPING CART” button, after selecting all items “View shopping cart”, after checking “Go to payment”, new customers enter the required data under “1 Shipment details”, click “Continue” – existing customers click on “Login” -, then on “Continue”, under “2 Delivery method” they make the desired selection and click “Continue”, under “3 Payment” select your desired payment method and “Continue”. “4 Check and Checkout” appears. Now carefully check all details, read and accept the General Terms and Conditions, the Revocation Instructions as well as the Data Protection Policy. Then click on the “Buy Now” button.
2.1.3 Data entry errors in the online shop
The customers can correct their entries before sending the order using the technical means provided by the shop and their browser. Corrections can be made using the usual keyboard and mouse functions (“back” button of your browser) directly on the previous page of the offer or order, in the corresponding input fields. The order can still be changed from the shopping cart before placing the order. You can also correct data entry errors by cancelling the purchase process and, if necessary, restarting the order process from the beginning.
2.1.4 Language of the agreement
Only German is available for the conclusion of the agreement.
2.1.5 Storage of the agreement
These General Terms and Conditions will also be sent to you.
As a precautionary measure, please save them yourself by printing this page using the print function of your browser.
You can print and save your order data immediately before submitting your order. The text of the agreement will be stored by us after the conclusion of the agreement. The shop does not offer a function to retrieve the text of the agreement.
3. Prices, payment terms, object of the agreement
3.1. The prices declared by the Seller shall be understood as final prices, i.e. they include all components of the price, including the statutory German value added tax, which in turn is indicated separately. The components of the price shall also include packaging and transport costs, the exact amount of which shall be indicated separately in the presentation of the product concerned in the offer. Other price components are, in individual cases, additional charges (e.g. in case of intra-Community acquisition) and/or taxes (e.g. customs duties) in case of cross-border supplies. They are also listed separately in the offer.
3.2. Our invoices may be paid in advance as agreed, unless otherwise agreed. Deliveries abroad are made only against an advance payment.
3.3 If advance payment has been agreed, payment is made within 7 (seven) days from the conclusion of the agreement. The date on which the money is received by us is decisive. Otherwise, the purchase price becomes due after the goods have been delivered and invoiced. The purchase price is payable within 7 (seven) days of receipt of the first payment request, without any deduction.
3.4 Payments with discharging effect may be made either directly to the bank account indicated by the Seller or by paypal to the paypal account: info@enkatex.de or through the payment methods provided for selection.
3.5 The Customer may exercise his/her retention of title only insofar as it relates to claims from the same agreement relationship.
3.6 The essential characteristics of the goods or services can be found in that description.
3.7 The purchase price of the products is at all times the price indicated on our website, unless there is an obvious error. Although we strive to ensure that all prices stated on the website are correct, errors may occur. If we discover an incorrectly quoted price for a product you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your order will be considered cancelled and you will receive a full refund of all amounts already paid. There is no obligation on our part to sell you any product at an incorrectly lower price (even if we have already sent you a shipping confirmation) if the pricing error is obvious and unmistakable and the price incorrectness was reasonably obvious to you as an error.
4. Terms of delivery and dispatch and passing of risk
4.1 The goods are regularly delivered by dispatch.
4.2 If delivery to the customer is not possible, for example, because the goods delivered do not fit through the customer’s entrance door, front door or staircase, or because the customer cannot be found at the delivery address indicated by them, although the customer has been notified with reasonable notice of the delivery date, the customer bears the costs related to the failed delivery.
4.3. As a rule, the risk of accidental loss and accidental damage to the goods sold passes to the customer or to a person authorised to receive the goods at the time of handing them over. If the customer is an entrepreneur (acting in the course of their self-employed commercial or professional activity, see § 14 BGB (German Civil Code)), the risk of accidental loss and accidental damage in the event of a purchase by shipment passes to the customer the moment the goods are handed over at the seller’s premises to a person suitable for transport.
5. Reservation of the ownership title
The goods delivered by the seller remain the property of the seller until full payment.
6. Liability for defects
6.1. If the purchased goods have a defect, the statutory provisions apply. By way of derogation from these, the following shall apply: If the customer is an entrepreneur, an insignificant defect shall not constitute grounds for complaint for defects. In addition, the seller has the right to choose between repair or replacement.
6.2. For consumers, the limitation period for claims for defects is two years from delivery of the goods to the customer in the case of new goods and one year from delivery of the goods to the customer in the case of used goods. On the other hand, statutory limitation periods are not affected in the event of intentional or grossly negligent breach of duty by the seller, fraudulent concealment of a defect, liability under warranty promises and injury to life, body or health.
6.3 For entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. If, in the case of used goods, rights and claims due to defects are excluded, the limitation period does not begin again if, within the framework of liability for defects, a replacement delivery is made. On the other hand, statutory limitation periods for the right of appeal pursuant to § 478 BGB (German Civil Code) are not affected; The same applies in case of intentional or grossly negligent breach of duty by the Seller, fraudulent concealment of a defect, liability under warranty promises and injury to life, body or health. Claims under the Product Liability Act against the manufacturer are also not affected.
6.4 If the customer is a trader within the meaning of § 1 HGB (German Commercial Code), they are subjected to the commercial obligation to examine the goods and notify defects in accordance with § 377 HGB (German Commercial Code) (nu26424hj0). If the customer fails to comply with the regulated notification obligations in this respect, the goods shall be deemed to have been approved.
6.5. If the additional performance has been performed by means of a replacement delivery, the Customer is obliged to return the goods originally delivered to the Seller within 30 days at the Seller’s expense. Defective goods must be returned in accordance with the legal provisions.
7. Jurisdiction, Applicable Law, Codes of Conduct (Use of Code), Dispute Resolution
7.1. If the Customer is a trader, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agreement is the place of business of the Seller. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual domicile is unknown at the time the action is brought. The right to bring an action before a court from another place of legal jurisdiction remains unaffected.
7.2. The laws of the Federal Republic of Germany apply to all legal relations between the parties. Any applicability of laws on the international acquisition of movable property is excluded. With regard to consumers outside Germany, the choice of law applicable applies only if the protection granted is thus not withdrawn by the indispensable provisions of the law of the consumer’s habitual residence.
7.3. The Seller has not complied with any code of conduct.
7.4 The EU Commission has made available an internet platform for online dispute resolution (the so-called ODR platform). This ODR platform is intended to serve as a contact point for out-of-court dispute resolution concerning agreement obligations arising from online purchase agreements. It can be accessed at the following link: http://ec.europa.eu/consumers/odr
7.5 We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8. Right of revocation for consumers
If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code) and, when concluding the agreement, predominantly act in the exercise of your commercial or self-employed activity, the right of revocation does not apply. The following provisions apply to consumers:
Revocation instructions
Right of revocation
You have the right to revoke this agreement within fourteen days without giving any reason.
The revocation period is fourteen days from the date on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of revocation, you must contact us, enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen, Tel.: +49 (0)8541 / 9696-300, e-mail: info@enkatex.de, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this agreement. For this purpose, you can use the attached revocation form model, which is, however, not mandatory.
In order to comply with the revocation deadline, it is sufficient to send the notification regarding the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this agreement, we must refund to you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the date on which we received notice of your revocation of this agreement. For this refund, 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 for this refund. We may refuse reimbursement until we have received the goods back or you have provided us with proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event not later than fourteen days from the date on which you notified us of the revocation of this agreement. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You must pay for any loss of value of the goods only if this loss of value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of revocation shall not apply to the following agreements:
Agreements for the supply of goods which are not prefabricated and for the manufacture of which individual selection or determination by the consumer is decisive or which are clearly adapted to the consumer’s personal needs,
Agreements for the supply of goods which may deteriorate rapidly or whose expiry date would be rapidly exceeded,
Agreements for the supply of sealed goods which cannot be returned for reasons of protection of health or hygiene, if their seal has been removed after delivery,
Agreements for the supply of goods, if they have been inseparably mixed with other goods after delivery because of their nature,
Agreements for the supply of alcoholic beverages the price of which was agreed at the time of concluding the agreement, but which can be delivered at the earliest 30 days after the conclusion of the agreement and the current value of which depends on market fluctuations over which the entrepreneur has no influence,
Agreements for the supply of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery,
Agreements for the supply of newspapers, periodicals or magazines, except subscription agreements.
End of revocation instruction
Start of revocation form
(If you wish to cancel the agreement, please complete and return this form).
To
enkatex workwear GmbH
Krankenhausstraße 24
D-94474 Vilshofen
Phone: +49 (0)8541 / 9696-300
Email: info@enkatex.de
– I/we (*) hereby the agreement concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
– ordered on (*)/received on (*)
– name of consumer(s)
– address of consumer(s)
– signature of the consumer(s) (only in case of paper communication)
-date
_______________
(*) Delete what does not apply.
End of revocation form
Size change
If you feel that the item you bought is not the right size for you, you can request a change of size, provided you return the item you originally bought without having to pay shipping costs for sending the new item. This option is independent of your legal revocation right, which will continue to apply. You can contact us with the size change by phone at +49 (0)8541 / 96 82 83, by e-mail at info@enkatex.de or by post at enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen. The prerequisites for a change of size are: (i) it is the same item, (ii) the purchase price of the item is the same or higher than the price you paid for the item you originally purchased (please note that only in such a case we will not charge the difference). Please note that the possibility of changing the size is only offered if all of the above requirements are met. Once you have requested the change and chosen the type of return, you must return the item originally purchased to us. You must return the item without undue delay – in any case, no later than 14 days after requesting the change. Return costs will be refunded to your account or by Paypal if you send us receipts by post or e-mail to enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen, e-mail: info@enkatex.de and the return receipt.
Refunds
We’ll automatically arrange for any refund to be made to the account you used for payment. In case of invoice payment and prepayment, the return transfer will be ordered to the account from which the transfer was made. If you paid by Paypal or credit card, the refund will be made to Paypal account or associated credit card.
Other information
11.1. The use of offers available on www.enkatex.de is possible for persons who are at least 18 years old.
11.2 Each customer is allowed to have only one customer account on www.enkatex.de at the same time. We reserve the right to delete multiple entries.
The operator of this website and responsible for the TDG/MStV (German Teleservices Act/German State Media Services Treaty):
enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen
Phone: +49 (0)8541 / 9696-300
Email: info@enkatex.de
Unique Registration Code: DE298124757
Trade Register: Passau District Court HRB 9280
Managed by Nicoleta Kanzlsperger
Status: 20.07.2020
DATA PROTECTION STATEMENT
The following data protection statement applies to the use of this website.
We attach great importance to data protection. Collection and processing of your personal data is carried out in accordance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR). We collect and process your personal data to be able to provide you with the website. This statement describes how and for what purpose your personal data are collected and used, and what choices you have about the personal data.
By using this website, you consent to the collection, use and transfer of your personal data, in accordance with this data protection statement.
1. Responsible body, definitions
The entity responsible for the collection, processing and use of your personal data for the purposes of the GDPR and other national data protection laws of the Member States as well as other data protection regulations is enkatex workwear GmbH, Krankenhausstraße 24, D-94474 Vilshofen, Germany, Phone: Phone: +49 (0)8541 / 96 82 83, Fax: +49 (0)8541 / 96 83 15 Email: info@enkatex.de
If you wish to object to the collection, processing or use of your personal data by us In accordance with these data protection provisions, either as a whole or for individual measures, you may object to the abovementioned responsible office.
You can save and print this data protection statement at any time.
Definitions of terms used (e.g. “personal data” or “processing”) can be found in Art. 4 GDPR, which you can read at https://dejure.org/gesetze/DSGVO/4.html.
2. General use of the website, social media plugins, analytics and tracking tools
As a rule, we process the personal data of our users only insofar as this is necessary for the provision of a functional website as well as our content and services. The processing of personal data of our users is carried out regularly only with the user’s consent. An exception applies in those cases where it is not possible to obtain prior consent for genuine reasons and data processing is permitted by legal regulations.
2.1 Access data
We collect information about you by virtue of our legitimate interest in accordance with Art. 6 para. 1 letter f. GDPR, when using this website. We automatically collect information about your usage behavior and interaction with us and record data about your computer or mobile device. We collect, store and use data about each access to our online offer (so-called server log files). The access data include the name and URL of the accessed file, the date and time of access, the amount of data transferred, the message about the successful access (HTTP response code), browser type and version, operating system, referrer URL (i.e. previously visited page), IP address and requesting provider.
We use these protocol data without assigning them to you personally or otherwise profiling them for statistical evaluations for the operation, security and optimization of our online offer, but also for anonymous recording of the number of visitors to our website (traffic) as well as the scope and type of use of our website and services, as well as for accounting purposes to measure the number of clicks received from cooperation partners. This information allows us to provide personalized and location-based content and analyze traffic, search and resolve issues, and improve our services. We reserve the right to check log data retrospectively if there is a justified suspicion of illegal use based on solid indications. We store IP addresses in log files for a limited period of time if this is necessary for security purposes or for the provision of services or billing of a service, for example,
if you use one of our offers. After cancelling the order process or receiving payment, we delete the IP address if it is no longer needed for security purposes. We also store IP addresses if we have a solid suspicion of a criminal offence in connection with the use of our website. We also store the date of your last visit as part of your account (for example, when registering, logging in, clicking links, etc.).
2.2 Use of cookies
We use cookies on our website. These are small files that are automatically created by your browser and stored on your final device (laptop, tablet, smartphone or similar) when you visit our website. Cookies do not cause any damage to your final device and do not contain viruses, trojans or other malware.
Information related to the specific end device used is stored in the cookie. However, this does not mean that we get direct knowledge of your identity.
The use of cookies serves, on the one hand, to make the use of our offer more enjoyable for you. We use so-called session cookies to recognise that you have already visited individual pages of our website. They are automatically deleted after you leave our website.
In addition, we also use temporary cookies to optimize ease of use, which are stored on your final device for a certain fixed period of time. If you visit our website again to use our services, it is automatically recognised that you have already been to our website and what entries and settings you have made, so you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and evaluate it in order to optimise our offer to you. These cookies allow us to automatically recognize that you have already been on our website when you visit it again. These cookies are automatically deleted after a defined period of time.
The data processed through cookies is necessary for the purposes mentioned above to protect our legitimate interests, as well as those of third parties, in accordance with art. 6 para. 1 sentence 1 letter f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or for a notification to always appear before a new cookie is created. However, completely disabling cookies may mean that you cannot use all functions of our website.
Unless expressly stated, we store personal data only for as long as necessary to fulfill the purposes pursued.
2.4 Facebook
Due to our legitimate interest in the analysis, optimization and operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR, this website uses the Facebook social plugin, which is operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). Integrations are recognizable by the Facebook logo or by the terms “Like”, “Like”, “Share” in Facebook colors (blue and white). Information about all Facebook integrations can be found via the following link: https://developers.facebook.com/docs/plugins/
Facebook Inc. complies with European data protection law and is certified under the Privacy Shield agreement: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
The plugin establishes a direct connection between your browser. and Facebook’s servers. The website operator has no influence whatsoever on the nature and content of the data that the plugin transmits to the servers of Facebook Inc. Information on this can be found here: https://www.facebook.com/help/186325668085084
The plugin informs Facebook Inc. that you, as a user, have visited this website. There is a possibility that your email address will be addressed. IP to be stored. If you’re signed in to your Microsoft account. by Facebook during your visit On this website, the aforementioned information will be linked to it.
If you use the functions of the plugin – for example, by sharing or liking a post – the corresponding information will also be transmitted to Facebook Inc.
If you want to prevent Facebook Inc. from linking these data to your Facebook account, please log out of Facebook before visiting this website and delete stored cookies. Through your Facebook profile, you can make other settings regarding data processing for advertising purposes or object to the use of your personal data for advertising purposes. You can access settings here:
Facebook profile settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
What data, for what purpose and to what extent Facebook collects, uses and processes the data, as well as what rights and setting options you have to protect your privacy, can be found in Facebook’s privacy policy. You can find them here: https://www.facebook.com/about/privacy/
2.5 Instagram
Our website also uses so-called social plugins (“plugins”) from Instagram, which are operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”).
The plugins are marked with an Instagram logo, for example, in the form of an “Instagram camera”.
When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to Instagram’s servers. The content of the plugin is transmitted by Instagram directly to your browser and is included on the page. Through this integration, Instagram receives the information that your browser turned to the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged into Instagram.
This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and is stored there. If you are logged into Instagram, Instagram can directly assign your visit on our website to your Instagram account. If you interact with the plugins, e.g. by clicking on the “Instagram” button, this information is also transmitted directly to an Instagram server and stored there.
The information is also published on your Instagram account and displayed there to your contacts.
If you do not want Instagram to directly assign the data collected through our website to your Instagram account, you need to log out of Instagram before visiting our website.
For more information, please refer to Instagram’s privacy policy at
https://help.instagram.com/155833707900388.
2.6 Google Re/Marketing Services
We use Google’s marketing and remarketing services on the basis of our legitimate interests in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 letter f. GDPR marketing and remarketing services (in short “Google marketing services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Google’s marketing services allow us to target ads to and on our website to show users only ads that potentially match their interests. If, for example, a user is shown ads for products they have shown interest in on other websites, this is called “remarketing”. For these purposes, when our website and other websites on which Google’s marketing services are active are called, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The user’s IP address is also recorded, by which we inform Google Analytics that the IP address is abbreviated in Member States of the European Union or in other contractor states to the Agreement on the European Economic Area and only in exceptional cases is transmitted in full to a Google server in the USA and abbreviated there. The IP address will not be merged with user data within the scope of other Google offers. The aforementioned information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, they may be shown ads tailored to their interests.
User data are processed pseudonymously within the framework of Google’s marketing services. This means that Google does not store or process the user’s name or email address, for example, but processes the relevant data in a cookie-related manner within the framework of pseudonymous user profiles. That is, from Google’s point of view, ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who this holder is. This does not apply if a user has expressly allowed Google to process data without this pseudonymisation. The information collected about users by Google marketing services is transmitted to Google and stored on Google’s servers in the USA.
The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Therefore, cookies cannot be tracked through the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
We may integrate third-party advertisements based on Google’s marketing service “AdSense”. AdSense uses cookies to allow Google and partner sites to serve ads based on users’ visits to this or other websites across the Internet.
We may also use “Google Tag Manager” to integrate and manage Google’s analytics and marketing services on our website.
For more information about Google’s use of data for marketing purposes, please visit the overview page: https://www.google.com/policies/technologies/ads, Google’s data protection declaration is available under https://www.google.com/policies/privacyabrufbar.
If you wish to object to interest-based advertising through Google marketing services, you can use Google’s opt-out settings and opt-outs: http://www.google.com/ads/preferences.
2.7 Google Maps
We integrate maps from the “Google Maps” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually executed as part of mobile device settings). Data may be processed in the USA. Data protection statement: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
3. Collection and storage of personal data, as well as the type and purpose of their use and transfer of data to third parties
As a rule, we use your personal data only within our company.
If and to the extent that we involve third parties in the performance of agreements (such as suppliers and logistics service providers), they will receive personal data only to the extent that the transfer is necessary for the corresponding service. The transmission of the e-mail address is necessary because only in this way can you be informed by the parcel company about the delivery.
If we outsource certain parts of data processing (“order processing”), we contractually oblige order processors to use personal data only in accordance with the requirements of data protection legislation and to ensure the protection of the rights of the data subject.
3.1 Contact via email/contact form
If you contact us (e.g. via contact form or email), we store your personal data for the purpose of processing the request and in case further questions arise. We store and use additional personal data only if you agree to this or if this is legally permissible without special consent. Data processing for the purpose of contacting us is based on your consent being given voluntarily, in accordance with Art. 6 para. 1 sentence 1 letter a GDPR.
The personal data collected by us for the use of the contact form will be automatically deleted after the request you have made has been resolved.
3.2 Orders via our website
You can either place orders through our website as a guest without registering or register in our shop as a customer for this order and for future orders. Registration has the advantage that in case of a future order, you can log in directly to our shop with your access data, without having to enter your contact details again.
Your personal data is entered by you in a data entry mask and transmitted and stored to us. If you place an order through our website, we first collect the following data, both in the case of a guest order and in the store registration: Mode of address, first name, last name, a valid email address, address, telephone number (landline and/or mobile).
These data are collected in order to be able to identify you as our customer, to be able to process, fulfill and manage your order, for correspondence with you, for billing, for managing possible liability claims, as well as for asserting any claims against you, to ensure the technical administration of our website and to manage our customers’ data.
As part of the ordering process, we obtain your consent to process these data.
Data processing is carried out in response to your order and/or registration and is necessary for the purposes mentioned above, in accordance with Art. 6 para. 1 sentence 1 letter b GDPR for the proper processing of your order and for the mutual fulfilment of obligations arising from the sales-purchase agreement.
We may use your personal data to send you your order confirmation, shipping number, and email invoice from Wix or our partners (on behalf of Wix) through such channels. The no-reply@my.store-emails.com email address will be used for this purpose.
Personal data collected by us to process your order will be stored until the expiry of the legal obligation to retain records and then deleted, unless we are obliged to store the data for a longer period of time in accordance with Art. 6 para. 1 sentence 1 letter c GDPR due to tax and commercial law obligations to keep records and documentation (from the HGB (German Commercial Code), StGB (German Criminal Code) or AO (German Tax Code)) or you have given your consent to storage beyond this period in accordance with Art. 6 para. 1 sentence 1 letter a GDPR.
3.3 Paypal
When you pay by PayPal, by credit card via PayPal, by direct debit via PayPal or “purchase on account” via PayPal, we transmit your payment personal data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) as part of payment processing. PayPal reserves the right to perform a credit check for credit card payment methods via PayPal, direct debit via PayPal or “purchase on account” via PayPal. PayPal shall use the result of the credit check in terms of statistical probability of default for the purpose of deciding whether to provide that payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Among other things, address data is also included in the calculation of score values. Further information on data protection can be found in the PayPal data protection principles: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
4. Your rights as a person affected by data processing
Under applicable laws, you have various rights in relation to your personal data. If you wish to exercise these rights, please send a request by e-mail or by post, clearly identifying yourself, to the address mentioned in section 1.
Below you will find an overview of your rights.
4.1 Right to confirmation and information
You have the right to obtain confirmation from us at any time as to whether or not personal data concerning you are being processed. In this case, you have the right to obtain from us, free of charge, information about the personal data stored about you, together with a copy of these data. In addition, you are entitled to the following information:
purposes of processing;
the categories of personal data processed;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining such duration;
the existence of a right to rectification or erasure of personal data concerning you or restriction of processing by the controller, or of a right to object to such processing;
the existence of a right of complaint to a supervisory authority;
where personal data is not collected from you, any available information as to the origin of the data;
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and envisaged effects of such processing for you.
If personal data is transferred to a third country or an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in relation to the transfer.
4.2 Right to correction
You have the right to ask us to correct any incorrect personal data concerning you without undue delay. Taking into account the purposes of communication, you have the right to request the completion of incomplete personal data – including by means of a supplementary statement.
4.3 Right to erasure – right to be forgotten
You have the right to ask us to erase personal data concerning you without undue delay and we are obliged to erase personal data without undue delay if one of the following reasons applies:
Personal data are no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Article 6 (1) a GDPR or Article 9 (2) (a) GDPR and there is no other legal basis for processing.
You object to processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to processing pursuant to Art. 21(2) GDPR.
The personal data have been processed unlawfully.
The erasure of personal data is necessary for compliance with a legal obligation under Union law or Member State law, to which we are subject.
Personal data have been collected in connection with information society services offered in accordance with Article 8(1) GDPR.
If we have made personal data public and are obliged to erase them pursuant to Art. 17 GDPR, we will take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform data controllers processing personal data that you have requested them to erase all links to, or copies or replicas of, such personal data.
4.4 Right to restrict processing
You have the right to ask us to restrict processing if one of the following conditions is met:
The correctness of the personal data is contested by you for a period of time that allows us to verify the accuracy of the personal data,
the processing is unlawful and you refuse to erase the personal data and request instead the restriction of the use of the personal data;
we no longer need the personal data for the purpose of processing, but you have needed that data for the assertion, exercise or defense of legal claims; or
You have objected to processing pursuant to Art. 21 (1) GDPR, as long as it has not yet been established whether the legitimate reasons of our company prevail over your reasons.
4.5 Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transfer this data to another controller without our hindrance to you, provided that
processing is based on consent pursuant to Article 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on an agreement pursuant to Art. 6(1)(b) GDPR; and
The processing is carried out using automated procedures.
When exercising your right to data portability pursuant to paragraph 1, you have the right to obtain that personal data is transferred directly from us to another controller, where technically feasible.
4.6 RIGHT TO OBJECT
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you and which is carried out on the basis of Article 6(1)(e) or (f) GDPR; This also applies to profiling based on these provisions. We will no longer process the personal data, unless we can demonstrate that there are compelling legitimate grounds for the processing that override your interests, rights and freedoms, or that the processing serves the purpose of asserting, exercising or defending legal claims.
If personal data are processed by us for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; This also applies to profiling insofar as it is related to such direct marketing.
You have the right to object on grounds relating to your particular situation, to the processing of personal data concerning you and which is carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
4.7 Automated decisions, including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you.
4.8 The right to withdraw consent under data protection legislation
You have the right to withdraw your consent to the processing of personal data at any time.
4.9 The right to complain to a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful.
5. Data security
We make maximum efforts to ensure the security of your personal data within the framework of applicable data protection laws and technical possibilities.
Your personal data will be transmitted to us in encrypted form. This applies to your orders, but also for customer login. We use SSL (Secure Socket Layer) encoding, but we would like to point out that data transmission over the internet (e.g. when communicating via email) may have security gaps. Full protection of data against access by third parties is not possible.
To protect your data, we maintain technical and organizational security measures, which we constantly adapt to the current level of technology.
Nor can we guarantee that our service will be available at certain times; Interruptions or malfunctions cannot be excluded. The servers we use are subject to careful and regular backup.
6. Automated decision-making
No automated decision-making takes place on the basis of the collected personal data, except for explicit mentions.
7. Transfer of data to non-EU countries
The Wix website provider may store your visit data on the website in various locations. For example, the personal data of your visitors may be stored in data centers in the United States, Ireland, South Korea, Taiwan or Israel. We may use other jurisdictions as necessary and/or required by law for the proper provision of our services.
8. Updating and amending this data protection statement
This data protection statement is currently valid and has a July 2020 version.
Due to further development of our website and the offers on it, or due to changes in legal or official requirements, it may become necessary to amend this data protection statement. The current data protection statement can be accessed and printed out at any time on our website under Data protection.
If you have any questions or concerns regarding data protection, please contact info@enkatex.de.