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Imprint

Die Gestalten Verlag GmbH & Co. KG

Mariannenstr. 9-10

10999 Berlin
Germany
Tel. +49 (0)30 726 13 2000

Fax +49 (0)30 726 13 2222
E-Mail: hello@gestalten.com

VAT No.: DE 174484417 listed in the commercial register of the local court Berlin Charlottenburg Commercial register number - Part A of the commercial register - 34697

Represented by the individually liable partner Die Gestalten Verlag Verwaltungs GmbH
Represented by the general manager Robert Klanten, Markus Schneider Mariannenstr. 9-10, 10999 Berlin, Deutschland
Listed in the commercial register of the local court Berlin Charlottenburg Commercial register number - Part B of the commercial register - 90424

Responsible for the contents as per § 55 of the RStV (Interstate Broadcasting Agreement): Herr Robert Klanten - Deutschland

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (http://ec.europa.eu/odr).
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

  


Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.

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

Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 

Contact

Responsible person/Data protection officer
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.

You can contact our data protection officers directly at: Externer Datenschutzbeauftragter
Sven Kaiser
JMK Media & Consulting GmbH
Jakobikirchhof 8
20095 Hamburg

E-Mail: sven.kaiser@jmkmedia.de

Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 


Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 




Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 

Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.


Merchandise management      

Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to

juni.com GmbH, Niddastr. 74, 60329 Frankfurt/Main  

Payment service providers      

Use of PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en

Use of PayPal Express
Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.
To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 
This data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.
 


Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Analysis       Advertising      

Use of the Google Analytics
Our website uses the web analysis service Google Analytics from Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google. Google Analytics uses technology such as cookies, web storage in the browser, and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website.
Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate Google Analytics. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.

 

Use of Facebook Pixel
Our website uses the remarketing function "Custom Audiences" by Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook").
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the remarketing function "Custom Audiences" here.
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate personalised advertising in Google’s advertising settings. Instructions for this can be found at https://support.google.com/ads/answer/2662922?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You then won’t be included in the conversion tracking statistics.
You can find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/

Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to the USA.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the use of cookies with permanent effect by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de
Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/


Plug-ins and others

Use of the Google Tag Manager
Our website uses the Google Tag Manager from Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation. This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html

 

Use of GoogleMaps
Our website uses the function for embedding Google Maps by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
This feature visually represents geographical information and interactive maps. Google also collects, processes, and uses data on visitors to the website when they call up pages with embedded Google maps.
Your data may also be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by Google, your rights and privacy can be found in Google’s privacy policy at https://www.google.com/privacypolicy.html. You also have the option of changing your settings in the data protection centre, allowing you to administer and protect the data processed by Google.

Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. 
The data processing is carried out on the basis of Article 6(1)(f ) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).

Using Vimeo
Our website uses plug-ins from Vimeo Inc. (555 West 18th Street New York, New York 10011, USA; "Vimeo") to integrate videos into the "Vimeo" portal.
If you access pages on our website that contain this kind of plug-in, this will generate a connection to the Vimeo server and indicate the plug-in on the site by means of a message in your browser. Information such as your IP address and which websites you have visited will be transmitted to the Vimeo server.
If you are logged into Vimeo, Vimeo will assign this information to your personal user account. When using the plug-in functions (e.g. starting a video by pressing the appropriate button), this information will also be assigned to your Vimeo account.
Your data may be transmitted to the USA. 
The data processing is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website and the legitimate interest of Vimeo in market analysis and improving its services appropriately and in a targeted manner. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
If you would not like Vimeo to directly assign the information collected to your Vimeo account, you must log out of Vimeo before you visit our site.
Further information on the purpose and scope of enquiry and continued use and processing of the data by Vimeo and your associated rights and options for protecting your privacy can be found in the Vimeo data privacy policy: https://vimeo.com/privacy


Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
 

last update: 20.07.2020

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Die Gestalten Verlag GmbH & Co. KG) via the gestalten.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products .

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Special agreements related to the offered payment methods

(1) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.

The debit note is collected within a period of  0-3 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.

§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.





II. Customer information

1. Identity of the seller

Die Gestalten Verlag GmbH & Co. KG
Mariannenstr. 9-10
10999 Berlin
Germany
Telephone: 030 726 13 2000
E-Mail: shop@gestalten.com


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

7. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 23.10.2019

Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

Instructions for revocation

Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day, 


-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;

-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

In order to exercise your revocation right, you must inform us (Die Gestalten Verlag GmbH & Co. KG, Mariannenstr. 9-10, 10999 Berlin, Telephone number: +4930726132000, Fax number: +4930726132222, E-Mail address: shop@gestalten.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.


We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.

You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.

You bear the direct costs for returning the products.

You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

Criteria for exclusion or expiry

The revocation right is not available for contracts

  • for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
  • for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
  • for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
  • for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts

  • for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
  • for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
  • for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.



Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and send it back to us.)

- To Die Gestalten Verlag GmbH & Co. KG, Mariannenstr. 9-10, 10999 Berlin, Fax number: +4930726132222, Email address: shop@gestalten.com :

- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following  products (*)/
  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date

(*) Cross out the incorrect option.
(*) Cross out the incorrect option.

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.

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

Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 

Contact

Responsible person/Data protection officer
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.

You can contact our data protection officers directly at: Externer Datenschutzbeauftragter
Sven Kaiser
JMK Media & Consulting GmbH
Jakobikirchhof 8
20095 Hamburg

E-Mail: sven.kaiser@jmkmedia.de

Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 


Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 




Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 

Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.


Merchandise management      

Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to

juni.com GmbH, Niddastr. 74, 60329 Frankfurt/Main  

Payment service providers      

Use of PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en

Use of PayPal Express
Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.
To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 
This data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.
 


Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Analysis       Advertising      

Use of the Google Analytics
Our website uses the web analysis service Google Analytics from Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google. Google Analytics uses technology such as cookies, web storage in the browser, and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website.
Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate Google Analytics. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.

 

Use of Facebook Pixel
Our website uses the remarketing function "Custom Audiences" by Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook").
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the remarketing function "Custom Audiences" here.
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate personalised advertising in Google’s advertising settings. Instructions for this can be found at https://support.google.com/ads/answer/2662922?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You then won’t be included in the conversion tracking statistics.
You can find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/

Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to the USA.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the use of cookies with permanent effect by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de
Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/


Plug-ins and others

Use of the Google Tag Manager
Our website uses the Google Tag Manager from Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation. This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html

 

Use of GoogleMaps
Our website uses the function for embedding Google Maps by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
This feature visually represents geographical information and interactive maps. Google also collects, processes, and uses data on visitors to the website when they call up pages with embedded Google maps.
Your data may also be transmitted to the USA. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by Google, your rights and privacy can be found in Google’s privacy policy at https://www.google.com/privacypolicy.html. You also have the option of changing your settings in the data protection centre, allowing you to administer and protect the data processed by Google.

Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. 
The data processing is carried out on the basis of Article 6(1)(f ) GDPR due to our legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).

Using Vimeo
Our website uses plug-ins from Vimeo Inc. (555 West 18th Street New York, New York 10011, USA; "Vimeo") to integrate videos into the "Vimeo" portal.
If you access pages on our website that contain this kind of plug-in, this will generate a connection to the Vimeo server and indicate the plug-in on the site by means of a message in your browser. Information such as your IP address and which websites you have visited will be transmitted to the Vimeo server.
If you are logged into Vimeo, Vimeo will assign this information to your personal user account. When using the plug-in functions (e.g. starting a video by pressing the appropriate button), this information will also be assigned to your Vimeo account.
Your data may be transmitted to the USA. 
The data processing is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website and the legitimate interest of Vimeo in market analysis and improving its services appropriately and in a targeted manner. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
If you would not like Vimeo to directly assign the information collected to your Vimeo account, you must log out of Vimeo before you visit our site.
Further information on the purpose and scope of enquiry and continued use and processing of the data by Vimeo and your associated rights and options for protecting your privacy can be found in the Vimeo data privacy policy: https://vimeo.com/privacy


Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
 

last update: 20.07.2020

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Die Gestalten Verlag GmbH & Co. KG) via the gestalten.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products .

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Special agreements related to the offered payment methods

(1) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.

The debit note is collected within a period of  0-3 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.

§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.





II. Customer information

1. Identity of the seller

Die Gestalten Verlag GmbH & Co. KG
Mariannenstr. 9-10
10999 Berlin
Germany
Telephone: 030 726 13 2000
E-Mail: shop@gestalten.com


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. 

5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

7. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 23.10.2019

Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

Instructions for revocation

Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day, 


-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;

-  on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

In order to exercise your revocation right, you must inform us (Die Gestalten Verlag GmbH & Co. KG, Mariannenstr. 9-10, 10999 Berlin, Telephone number: +4930726132000, Fax number: +4930726132222, E-Mail address: shop@gestalten.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.


We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.

You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.

You bear the direct costs for returning the products.

You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

Criteria for exclusion or expiry

The revocation right is not available for contracts

  • for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
  • for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
  • for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
  • for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts

  • for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
  • for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
  • for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.



Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and send it back to us.)

- To Die Gestalten Verlag GmbH & Co. KG, Mariannenstr. 9-10, 10999 Berlin, Fax number: +4930726132222, Email address: shop@gestalten.com :

- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following  products (*)/
  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date

(*) Cross out the incorrect option.
(*) Cross out the incorrect option.

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