Collapsible content
General terms and conditions of business
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contractual partner, conclusion of contract, correction options
The sales contract is concluded with Kim-Marvin Rolfes KMR Vintage.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. Terms of Delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
Credit card
In the ordering process you enter your credit card details. Your card will be charged immediately after placing your order.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.
6. Retention of title
The goods remain our property until full payment.
7. Damage in transit
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and Guarantees
8.1 Right to Liability for Defects
The statutory liability for defects applies.
8.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of a promise of guarantee, if agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
General terms and conditions created with the Trusted Shops legal copywriter
data protection
Data protection
Responsible for data processing is:
Kim Marvin Rolfes
Kaiserstr. 6
32423 Minden
Email: info@bergfest-archive.com
We are pleased that you are interested in our online shop. Protecting your privacy is very important to us. Below we inform you in detail about the handling of your data.
1. Access Data and Hosting
You can visit our website without providing any personal information. Each time a website is called up, the web server automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. This access data is evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. This serves to protect our overriding legitimate interests in a correct presentation of our offer in accordance with Article 6 Paragraph 1 Sentence 1 lit. f GDPR. All access data will be deleted no later than one month after the end of your visit to the site.
hosting
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise stated in the present data protection declaration, all access data and all data collected in the forms provided on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this data protection declaration.
Our service providers are located and/or use servers in the following countries, for which the European Commission has determined an adequate level of data protection: Canada
Our service providers are based and/or use servers in the US and other countries outside of the EU and EEA. There is no adequacy decision by the European Commission for these countries. Our cooperation with them is based on standard data protection clauses of the European Commission.
2. Data processing for contract processing and contacting
2.1 Data processing for contract execution
We collect personal data if you voluntarily provide it to us as part of your order or when contacting us (e.g. via the contact form or e-mail). Mandatory fields are marked as such, since in these cases we need the data to process the contract or to process your contact and you cannot complete the order or send the contact without providing them. Which data is collected can be seen from the respective input forms.
We use the data provided by you for contract processing and processing of your inquiries (including inquiries about and processing of any existing warranty and default claims as well as any statutory update obligations) in accordance with Article 6 Paragraph 1 Sentence 1 lit. b GDPR. Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this data protection declaration. After the contract has been fully processed, your data will be restricted for further processing and deleted after any retention periods under tax and commercial law have expired in accordance with Article 6 Paragraph 1 Sentence 1 lit 6 paragraph 1 sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we will inform you in this declaration.
2.2 Contacting Us
As part of customer communication, we collect personal data to process your inquiries in accordance with Article 6 Paragraph 1 Sentence 1 lit. b GDPR if you voluntarily provide them to us when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, since in these cases we need the data to process your contact. Which data is collected can be seen from the respective input forms. After your request has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Article 6 Paragraph 1 Sentence 1 lit about which we inform you in this statement.
3. Data processing for the purpose of shipping processing
In order to fulfill the contract in accordance with Article 6 Paragraph 1 Sentence 1 lit. b GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of the goods ordered.
Data transfer to shipping service providers for the purpose of shipping notification
If you have given us your express consent to this during or after your order, we will pass on your e-mail address to the selected shipping service provider in accordance with Article 6 Paragraph 1 Sentence 1 lit can contact you for the purpose of delivery notification or coordination.
The consent can be revoked at any time by sending a message to the contact option described in this data protection declaration or directly to the shipping service provider at the contact address listed below. After revocation, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data that goes beyond this, which is permitted by law and about which we will inform you in this declaration.
DHL Parcel Ltd
Strassenweg 10
53113 Bonn
Germany
4. Data processing for payment processing
When processing payments in our online shop, we work together with these partners: technical service providers, credit institutions, payment service providers.
4.1 Data processing for transaction processing
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers who work for us as part of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary to process the payment. This serves to fulfill the contract in accordance with Article 6 (1) sentence 1 lit. b GDPR. In some cases, the payment service providers collect the data required to process the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the data protection declaration of the respective payment service provider applies.
If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact options described in this data protection declaration.
4.2 Data processing for the purpose of fraud prevention and optimizing our payment processes
If necessary, we give our service providers further data, which they use together with the data necessary for processing the payment as our processors for the purpose of fraud prevention and the optimization of our payment processes (e.g. invoicing, processing disputed payments, accounting support). In accordance with Article 6 Paragraph 1 Clause 1 Letter f GDPR, this serves to safeguard our legitimate interests in our protection against fraud and in efficient payment management, which are overriding in the context of a balancing of interests.
5. Social media
5.1 Social plugins from Facebook (by Meta), Instagram (by Meta)
Social buttons from social networks are used on our website. These are only integrated into the page as HTML links, so that no connection to the servers of the respective provider is established when our website is called up. If you click on one of the buttons, the website of the respective social network will open in a new window in your browser. There you can, for example, press the Like or Share button.
5.2 Our online presence on Facebook (by Meta), Instagram (by Meta)
If you have given your consent to the respective social media operator in accordance with Article 6 Paragraph 1 Sentence 1 lit and stored, from which user profiles are created using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. Cookies are usually used for this. For detailed information on the processing and use of the data by the respective social media operator as well as a contact option and your rights in this regard and setting options for protecting your privacy, please refer to the data protection notices of the providers linked below. If you still need help in this regard, you can contact us.
Facebook (by Meta) is an offer from Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland"). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is usually transferred to a server of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA and stored there . The European Commission has not issued an adequacy decision for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing when visiting a Facebook (by Meta) fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. For more information (about Insights data), see here .
Instagram (by Meta) is an offer from Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is stored in usually transferred to a server of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA and stored there. The European Commission has not issued an adequacy decision for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing when visiting an Instagram (by Meta) fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. For more information (about Insights data), see here .
6. Contact options and your rights
6.1 Your Rights
As a data subject, you have the following rights:
- pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified there;
- pursuant to Art. 16 GDPR, you have the right to immediately request the correction of incorrect or incomplete personal data stored by us;
- pursuant to Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing is required
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation;
- for reasons of public interest or
- is required to assert, exercise or defend legal claims;
- according to Art. 18 DSGVO the right to request the restriction of the processing of your personal data, insofar as
- the accuracy of the data is disputed by you;
- the processing is unlawful but you oppose its erasure;
- we no longer need the data, but you need them to assert, exercise or defend legal claims or
- you have lodged an objection to the processing in accordance with Art. 21 GDPR;
- pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible;
- according to Art. 77 DSGVO the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
|
Right to object Insofar as we process personal data as explained above in order to protect our legitimate interests, which prevail in the context of a balancing of interests, you can object to this processing with effect for the future. If the processing is for direct marketing purposes, you can exercise this right at any time as described above. If the processing is for other purposes, you only have the right to object if there are reasons that arise from your particular situation. After you have exercised your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing is necessary for the establishment, exercise or defense of serves legal claims. This does not apply if the processing is for direct marketing purposes. Then we will no longer process your personal data for this purpose. |
6.2 Contact Options
If you have any questions about the collection, processing or use of your personal data, information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a specific use of data, please contact us directly using the contact details in our imprint.
Data protection declaration created with the Trusted Shops legal copywriter
revocation
Right of withdrawal
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 goods.
In order to exercise your right of withdrawal, you must send us (Kim-Marvin Rolfes, Kaiserstr. 6, 32423 Minden, Germany, info@bergfest-archive.com, telephone: 015737984292) a clear statement (e.g. a letter sent by post or an e-mail). -Mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
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 goods back 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.
|
Sample withdrawal form (If you want to revoke the contract, please fill out this form and send it back.) – To Kim-Marvin Rolfes, Kaiserstr. 6, 32423 Minden, Germany, info@bergfest-archive.com – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following – Ordered on (*)/received on (*) – Name of consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if notification is made on paper) - Date |
Cancellation policy created with the Trusted Shops legal copywriter
imprint
Kim Marvin Rolfes KMR Vintage
Kim Marvin Rolfes
Kaiserstr.6
32423 Minden
Germany
Telephone: 015737084292
Email: info@bergfest-archive.com
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Imprint created with the Trusted Shops legal copywriter
Note: As a small business, we are exempt from sales tax according to § 19 UstG.