Terms & Conditions/Imprint/Contact

EchteDekoliebe OHG

Owners: Maria-Sarah and Florian Berger

Schulweg 15a

25479 Ellerau

04106/6401017

kontakt@echtedekoliebe.com

General terms and conditions of business

Maria-Sarah Berger, EchteDekoLiebe OHG, Schulweg 15a, 25479 Ellerau 041066401017, kontakt@echtedekoliebe.com

1. General

(1) These General Terms and Conditions (GTC) apply to all offers and services relating to the platform – www.echtedekoliebe.de, www.etsy.de, www.ebay.de,
www.amazon.de
If the customer points out the inclusion of his own terms and conditions of business or purchase, these are rejected.

(2) Individual contractual agreements take precedence over general terms and conditions.

2. Conclusion of the contract

(1) The service descriptions on our websites — www.echtedekoliebe.de, www.etsy.de, www.ebay.de,
www.amazon.de
do not constitute an offer to conclude a purchase contract. Such an offer is only made when the customer places an online order via the contact form or by telephone or in writing. The confirmation of receipt of the order that we subsequently send does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound to his offer (it expires) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the receipt of the order by us).

(2) If a declaration of acceptance received by the customer late has been sent in such a way that it would have reached him in time if it had been sent regularly, and the customer should have realised this, he must notify us of the delay immediately after receiving the declaration, unless he has already done so. If the customer delays sending the notification, the acceptance is deemed not to have been late. In all other respects, the late acceptance by us is deemed to be a

new offer to conclude a purchase contract, which the customer can accept by express declaration of acceptance or by taking receipt of the goods.

3. Choice of law

The contractual relationships between the parties to the purchase agreement are subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his or her habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

4. Prices, payment, delivery, shipping costs

(1) The remuneration includes the value added tax (except for the small business regulation) (VAT) applicable at the time of the order.

(2) When concluding contracts, we offer the following payment options: I. For deliveries within Germany:
1. Prepayment by

  • Transfer

  • credit card

  • PayPal

  • platform provider as a payment option

    2. Direct debit procedure with the buyer's authorization

    3. Payment by credit card 4. Cash on delivery
    II. For deliveries abroad:

Prepayment by

  • Transfer

  • credit card

  • PayPal

    (3) All items are delivered within Germany and to Austria and Switzerland (4) Delivery is made either by DHL, post or via a manufacturer’s own shipping company.

    (5) The shipping costs can be found in the button – Shipping costs – in the navigation as well as in the product presentations.

    5. Distance Selling Legal Information

  1. (1) The description of the goods results from the presentation on the Internet at www.echtedekoliebe.de, www.etsy.de, www.ebay.de, www.amazon.de

  2. (2) The instructions on your statutory right of cancellation as a consumer, exceptions to the right of cancellation, its premature expiry, the cancellation form, the consequences of the cancellation, e.g. return, return costs and replacement value, can be found under the menu item “Cancellation policy”.

(3) Delivery will take place no later than within 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in the case of advance payment) or after the contract has been concluded (in the case of cash on delivery or purchase on account).

(4) We do not provide any customer services, in particular no after-sales service, and do not provide any guarantees ourselves.

(5) There is no out-of-court complaint or legal remedy procedure to which we are subject.

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(6) All further information about our company, the offer and the processing of the purchase can be found in the presentations on our website.

6. Consumer dispute resolution procedure

Since January 9, 2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to the out-of-court settlement of disputes about contractual obligations from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. The option of online dispute resolution (OS) is intended to offer a simple, efficient, fast and inexpensive out-of-court solution to disputes. The OS platform forwards properly submitted complaints to the (under national law) competent AS bodies (out-of-court dispute resolution). Using the OS platform itself is free of charge; in proceedings before the AS bodies, the consumer may incur costs (up to EUR 30.00) if their application is an abuse of law.

Link to the EU Commission's OS platform: https://ec.europa.eu/consumers/odr
Our email address is: lasertag@kleingeschenke24.de

7. Information on electronic commerce

(1) Technical steps for the conclusion of the contract
See the explanations in section 2 of our General Terms and Conditions. (2) Contract text storage / printout

The customer can save the contract text by using the "Save as" function in his browser to save the relevant Internet page on his computer. The print function in his browser also gives him the option of printing out the contract text. We save the contract texts ourselves and make them available to the customer by email or post if requested.

(3) Possibility of correction

The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the appropriate changes. The customer can cancel the entire ordering process at any time by closing the web browser. Furthermore, the order overview before submitting the online order also offers an additional correction option, which the customer is informed about.

(4) Language

The language available for concluding the contract is exclusively German.

(5) Code of Conduct

We have not subjected ourselves to any particular code of conduct (rules).

8. Warranty

There is a statutory liability for defects in goods.

9. Retention of title

1. We retain title to the delivered item until all payments from the purchase contract have been received. If the buyer fails to meet his contractual obligations, particularly in the event of late payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to hand over the item.

2. The buyer is obliged to notify us immediately in the event of any seizure of the purchased item or any other related access or attempted access by third parties to the purchased item so that we can exercise our rights arising from the retention of title.

10. Note on the Battery Act (BattG)

If the offer includes rechargeable batteries, you are legally obliged to dispose of used batteries separately. Please take them to a municipal collection point or to a local retailer. You can return batteries that you have received from us to us free of charge. Batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find this information in the accompanying documents for the shipment.

11. Transport damage

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact us will have no consequences for your statutory warranty claims. However, you will help us to assert our own claims against the carrier or transport insurer.

12. Data Protection

The data protection declaration for the implementation of the data protection requirements can be found in the separate data protection declaration.

13. Copyright notice

The photos posted on our website and the texts we have created are protected by copyright. Unauthorized copying and publication of these (even excerpts) will be prosecuted under criminal and civil law in accordance with Section 97 of the German Copyright Act.

14. Place of jurisdiction

For all mutual disputes between the contracting parties resulting directly or indirectly from the contractual relationship, – data entry – is agreed as the exclusive place of jurisdiction, provided that the contracting parties are merchants, legal entities under public law or special funds under public law.

15. Severability Clause

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a gap, this shall not affect the validity of the remaining provisions.

–Ellerau, –01.01.2024–

privacy policy

We take the protection of your personal data seriously and adhere to the rules of the applicable data protection laws, in particular the EU General Data Protection Regulation (EU GDPR) and the Federal Data Protection Act (BDSG), as well as this data protection notice. We only process our users' personal data to the extent that this is necessary to provide a functional website and our content, services, offers, etc.

Personal data is any information relating to an identified or identifiable natural person.

The data protection notice gives you an overview of what type of personal data is processed for what purpose. This data protection notice also states how we ensure the protection of your personal data.

1. Name and contact details of the controller

This data protection information applies to data processing by the following controller:

Maria-Sarah Berger, EchteDekoliebe, Schulweg 15a, 25479 Ellerau, 04106/6401017, lasertag@kleingeschenke24.de2.

3. Collection and storage of personal data and the type and purpose of their use

a) When you visit our website

You can visit our website www.echtedekoliebe.de without providing us with any personal information (who you are).

If you use our website for purely informational purposes, i.e. if you do not register or otherwise provide us with information about yourself, we only collect the personal data that your browser transmits to our server. When you visit our website www.echtedekoliebe.de , the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in

a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:

  • IP address of the requesting computer,

  • date and time of access,

  • Name and URL of the retrieved file,

  • Website from which access is made (referrer URL),

  • browser used and, if applicable, the operating system of your computer

    as well as the name of your access provider, language and version of the

    browser software
    We process the above data for the following purposes:

  • Ensuring a smooth connection to the website,

  • Ensuring a comfortable use of our website,

  • Evaluation of system security and stability as well as

  • for further administrative purposes.

    The legal basis for data processing is Art. 6 Paragraph 1 Clause 1 Letter f) of the EU GDPR. Our legitimate interest arises from the purposes for data collection listed above. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

    We also use cookies when you visit our website. Cookies do not harm your computer and do not contain viruses. You can find more detailed information on this in section 5 of this privacy policy.

    b) When using our webshop

    When you use our web shop, e.g. by submitting your offers, by accepting our offers, by registering or by other communication, we process the personal data you provide exclusively for the purpose of initiating or fulfilling the contract.

    The legal basis for data processing is Art. 6 Paragraph 1 Clause 1 Letter b) of the EU GDPR. According to this, data processing is necessary for the conclusion or fulfillment of a contract to which the data subject is a party.

or to carry out pre-contractual measures at the request of the data subject.

When you use our webshop, we process the following personal data you provide:

  • First and last name (for companies: company)

  • Address

  • Telephone number (landline number and/or mobile number)

  • Fax number (only if available)

  • E-mail address

  • IBAN (only if required to process payments)

  • Credit card number and verification code (only if necessary for processing the

    payments required)
    This data is processed for the purpose of fulfilling contractual obligations, in particular for shipping the goods, processing payments including invoicing, processing any warranty claims and for any related correspondence with you.

    You can also voluntarily create a customer account in which we can save your personal data for future purchases. When you create an account under "My Account", the data you provide there will be saved revocably. You can always delete all other data, including your user account, in the customer area.

    c) When using our contact form

    We have provided a contact form on the website so that you can send us your questions, remarks, comments, etc. To use this form, you must provide your email address and your name so that we know who to respond to; you can provide further information voluntarily.

    The legal basis for data processing is your voluntarily given consent (Article 6 (1) sentence 1 lit. a) EU GDPR).

The personal data we collect when you use the contact form will be deleted after your request has been processed.

d) When registering for our newsletter

If you have expressly consented (Article 6 Paragraph 1 Clause 1 Letter a) of the EU GDPR), you can receive our newsletter in which we inform you about current offers in the area of ​​goods and/or services. The goods and/or services advertised in the newsletter are named in the declaration of consent. The only mandatory information required to receive the newsletter is your email address. Providing additional, separately marked data is voluntary and will be used to address you personally.

We use the so-called double opt-in procedure to register for our newsletter. This means that after you register, we will send you an email to the email address you provided, asking you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses you use and the times of registration and confirmation. The purpose of the procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

The legal basis for this data processing is your voluntarily given consent (Article 6 (1) sentence 1 lit. a) EU GDPR).

You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. To do so, you can send your unsubscribe request by email to the email address lasertag@kleingeschenke24.de .

e) Processing based on legitimate interests

To the extent necessary for our business purposes, we process your data – apart from the initiation or performance of the contract

and an explicit consent given by you - to protect the legitimate interests of our company, unless a balancing of interests in the individual case shows that your legitimate fundamental rights and freedoms, which require the protection of personal data, outweigh them (cf. Art. 6 para. 1 lit. f) EU GDPR). The legitimate interests of our company include:

• Direct marketing, unless you have objected to the use of your personal data.

f) When using our comment form

So that you can send us your comments, we have provided a comment form on our website.

To use it, you must provide your email address and your name; you can provide information about your website voluntarily. Your name, the text of your comment and, if applicable, the website you provide will be published on our website.

The legal basis for this data processing is Art. 6 Paragraph 1 Clause 1 Letter f) of GDPR. Our legitimate interest stems, on the one hand, from the aim of giving users of our website the opportunity to comment on our contributions, and, on the other hand, from preventing misuse of our comment function by processing the mandatory information and to be able to contact you if third parties object to the content of the comment you have created and published as being unlawful.

When you provide a comment, your IP address and the time (date and time) when the comment was sent will also be processed.

The legal basis for this data processing is Art. 6 Paragraph 1 Clause 1 Letter f) of GDPR. Our legitimate interest stems from the aim of preventing misuse of our comment function.

Your personal data will be processed as long as the comment function is provided and your comment is published there.

4. Transfer of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below. In particular, data will not be passed on to third parties, e.g. for advertising purposes, without your express consent.

We will only share your personal information with third parties if:

  • you have given your express consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a) of the EU GDPR;

  • this is necessary according to Art. 6 Para. 1 Clause 1 Letter b) EU GDPR for the processing of contractual relationships with you, e.g. to credit institutions for the processing of contractually agreed payments, to shipping and transport companies for the purposes of transporting goods including shipment tracking, in the event of non-fulfillment of contractually agreed payments for the purposes of legal enforcement to lawyers and legal service providers;

  • in the event that there is a legal obligation to disclose data pursuant to Art. 6 (1) sentence 1 lit. c) EU GDPR; or

  • the transfer is necessary in accordance with Art. 6 (1) sentence 1 lit. f) EU GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.

    5. Cookies

    We use cookies on our website. These are small text files that are automatically created by your internet browser and saved on your device (e.g. PC, laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your device and do not contain any viruses, Trojans or other malware. Information is stored in the cookie that is related to the specific device used.

However, this does not mean that we immediately obtain knowledge of your identity.

The use of cookies serves, among other things, to make the use of our services more pleasant for you. We use cookies to recognize whether you have already visited individual pages of our website. These are automatically deleted when you leave our site. In addition, we use cookies to optimize user-friendliness, which are stored on your device for a specific period of time. If you visit our site again to use our services, it is automatically recognized whether you have already been with us and which entries and settings you have made so that you do not have to enter them again.

A distinction must be made between cookies that are absolutely necessary to provide the services on this website (necessary cookies) and those that are not absolutely necessary for this purpose (non-necessary cookies).

Without the use of necessary cookies, this website will not function properly. Such cookies are used exclusively by us (so-called first-party cookies) and all information stored in these cookies is only sent to this website.

Necessary cookies are used regardless of whether you have given your consent. The legal basis for data processing in this case is our legitimate interests, i.e. our interest in the analysis, optimization and economic operation of our website and our services (Art. 6 Para. 1 Clause 1 Letter f) EU GDPR).

The non-essential cookies we use can be divided into the categories of preference, statistics and marketing. Marketing cookies are used by external companies (so-called third-party cookies) to collect information about the websites you visit in order to, for example, create targeted advertising.

Non-essential cookies will only be used after you have given your consent. By giving your consent to the use of cookies in a so-called consent tool provided by us on this website,

listed and selected by you, you agree to the use of these cookies. The legal basis for data processing in this case is your consent (Art. 6 Para. 1 Clause 1 Letter a) EU GDPR).

You can adjust your cookie settings individually at any time by activating or deactivating individual cookies – with the exception of necessary cookies – in the consent tool.

You can set your web browser so that cookies are generally prevented from being saved on your device or so that you are asked each time whether you agree to cookies being saved. You can delete cookies that have been saved at any time. How this works is described in the help function of the respective web browser.

A general deactivation of cookies may lead to functional restrictions of this website.

6. Storage period and data deletion

In particular, your personal data will be deleted as soon as it is no longer necessary for the purposes for which it was collected or otherwise processed (Article 17 paragraph 1 letter a) of the EU GDPR). The data will then be deleted unless, for example, storage is necessary to fulfil a legal obligation which requires processing under Union or Member State law to which the controller is subject (Article 17 paragraph 3 letter b) of the EU GDPR), or to assert, exercise or defend legal claims (Article 17 paragraph 3 letter e) of the EU GDPR). The statutory retention periods represent a legal obligation, for example, according to Section 147 Paragraph 1 No. 4, Paragraph 3 Sentence 1 AO, there is a retention period of 10 years for accounting data including order and payment data, and according to Section 257 Paragraph 1 No. 2, 3, Paragraph 4 HGB, there is a retention period of 6 years for commercial correspondence, e.g. email messages. The data is blocked for the duration of the retention period, and deleted after this period has expired.

7. Rights of the data subject

You have the right

  • to revoke your consent to us at any time in accordance with Art. 7 Para. 3 EU GDPR. This means that we may no longer continue the data processing based on this consent in the future. The legality of the data processing carried out up to the time of revocation remains unaffected by your revocation;

  • to request information about your personal data processed by us in accordance with Art. 15 EU GDPR. In doing so, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected from us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details;

  • to immediately request the rectification of inaccurate or completion of your personal data stored by us in accordance with Art. 16 EU GDPR;

  • to request the deletion of your personal data stored by us in accordance with Art. 17 EU GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

  • to request the restriction of the processing of your personal data pursuant to Art. 18 EU GDPR, insofar as the accuracy of the data is contested by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you require it to assert, exercise or defend legal claims or you have
    Art. 21 GDPR have objected to the processing;

  • pursuant to Art. 20 EU GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another controller;

  • to complain to a supervisory authority in accordance with Art. 77 EU GDPR. The responsible supervisory authority is the state data protection officer of the federal state in which our company is based. An overview of the state data protection officers and their contact details can be found at BFDI - State Data Protection Authorities .

    8. Right of objection

    If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 Paragraph 1 Clause 1 Letter f) of the EU GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided there are reasons for doing so that arise from your particular situation. In the event of your justified objection, we will examine the situation and will either stop or adapt the data processing or show you our compelling legitimate reasons on the basis of which we continue the processing.

    If we process your personal data in order to conduct direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of direct advertising.

    If you would like to exercise your right of withdrawal or objection, simply send an email to the email address lasertag@kleingeschenke24.de .

    9. Data security

    We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

We also use SSL or TLS encryption (SSL = Secure Sockets Layer; TLS = Transport Layer Security; SSL is the previous name of TLS) during your visit to the website. You can recognize the encrypted connection by the prefix "https://" in the address line of the browser and by the lock symbol in front of the browser line.

10. Status and possible changes to this privacy policy

This privacy policy is dated June 2020.

Due to technical developments and/or changes in legal or official requirements, it may become necessary to change this data protection notice. You can tell whether changes have been made by the fact that the "status" of the document has been updated in the first paragraph of this section 10.

You can access and print out the current data protection information at any time on our website at www.echtedekoliebe.de.

cancellation policy

right of withdrawal

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.

To exercise your right of withdrawal, you must contact us

Maria-Sarah Berger, EchteDekoLiebe, Schulweg 15a, 25479 Ellerau 041066401017, lasertag@kleingeschenke24.de

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

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 the earlier. You must return or hand over the goods to us or to Maria-Sarah Berger, EchteDekoLiebe, Schulweg 15a, 25479 Ellerau 041066401017, lasertag@kleingeschenke24.de promptly and no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

If you cancel only because you have changed your mind, we cannot issue a credit for food or similar products that cannot be returned for hygiene reasons.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts

– for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

– for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;

sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

  • An M

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/

  • Ordered on (*)/received on (*)

  • Name of the consumer(s)

  • address of the consumer(s)

  • Signature of the consumer(s) (only if notification is on paper)

  • Date

    _______________
    (*) Delete as appropriate.