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The person responsible for data processing is:
85521 Ottobrunn Germany
Thank you for your interest in our online shop. The protection of your privacy is very important to us. In the following we will inform you in detail about the handling of your data.
1. Access data and hosting
You can visit our website without providing any personal information. Each time a website is called up, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. These access data are evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. This serves to safeguard our predominantly legitimate interests in a correct presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR. All access data will be deleted no later than seven days after the end of your visit to the website.
The services for hosting and displaying the website are partially provided by our service providers as part of processing on our behalf. Unless otherwise stated in this data protection declaration, all access data and all data that are collected in the forms provided on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this data protection declaration. Our service providers are based in the USA. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
1.2 Content Delivery Network
For the purpose of a shorter loading time, we use a so-called content delivery network (“CDN”) for some offers. With this service, content, e.g. large media files, is delivered via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the servers of the service providers. Our service providers work for us as part of order processing. If you have any questions about our service providers and the basis of our cooperation with you, please use the contact option described in this data protection declaration. Our service providers are based in the USA. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
2. Data processing for contract processing and for establishing contact
2.1 Data processing for contract execution
We collect personal data if you voluntarily provide it to us when opening a customer account. Mandatory fields are marked as such, because in these cases we need the data to open the customer account and without them you cannot complete the account opening. Which data is collected can be seen from the respective input forms.
We use the data you have provided to process contracts and to process your inquiries in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this data protection declaration or using a function provided for this in the customer account. After deleting your customer account, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 Paragraph 1 Clause 1 lit. which we inform you in this declaration.
In the context of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 Paragraph 1 Sentence 1 lit. Mandatory fields are marked as such, because in these cases we need the data to process your contact. Which data is collected can be seen from the respective input forms. After your request has been completely processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 Paragraph 1 Sentence 1 lit. about which we inform you in this declaration.
3. Data processing for the purpose of dispatch processing
In order to fulfill the contract in accordance with Art. 6 Paragraph 1 Clause 1 lit.
4. Data processing for payment processing
When processing payments in our online shop, we work together with these partners: technical service providers, credit institutions, payment service providers.
4.1 Data processing for transaction processing
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers who work for us in the context of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary to process the payment. This serves to fulfill the contract in accordance with Art. 6 Paragraph 1 Sentence 1 lit. b GDPR. In some cases, the payment service providers collect the data required to process the payment themselves, e.g. on their own website or through a technical integration in the ordering process. The data protection declaration of the respective payment service provider applies in this respect.
If you have any questions about our partners for payment processing and the basis of our cooperation with them, please use the contact option described in this data protection declaration.
4.2 Data processing for the purpose of fraud prevention and the optimization of our payment processes
If necessary, we give our service providers further data, which they use together with the data necessary for the processing of the payment as our contract processors for the purpose of fraud prevention and the optimization of our payment processes (e.g. invoicing, processing of contested payments, accounting support). According to Art. 6 Para. 1 S. 1 lit.
5. Cookies and other technologies
5.1 General information
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically saved on your device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies).
We use technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies collect and process the IP address, time of visit, device and browser information and information about your use of our website (e.g. information about the content of the shopping cart). In the context of a weighing of interests, this serves predominantly legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR.
In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this data protection declaration.
If you have consented to the use of the technologies in accordance with Art. 6 Paragraph 1 Sentence 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the data protection declaration. Alternatively, you can also call up the following link: https://www.birdyart.com/cookie- Settings/. If you do not accept cookies, the functionality of our website may be restricted.
5.2 Use of the Jimdo Consent Manager Tool to manage consents
We use the Jimdo Consent Manager Tool on our website to inform you about the cookies and the other technologies that we use on our website, as well as to obtain, manage and obtain your consent, if necessary, to the processing of your personal data by these technologies to document. This is necessary in accordance with Art. 6 Para. 1 Clause 1 lit. The Jimdo Consent Manager Tool is an offer from Jimdo GmbH, Stresemannstrasse 375, 22761 Hamburg, Germany ("Jimdo"). After submitting your cookie declaration on our website, the Jimdo web server saves your IP address, the date and time of your declaration, browser information, language and URL from which the declaration was sent and information about your consent behavior. In addition, a cookie is used that contains information on your consent behavior. Your data will be deleted after 365 days, unless you have expressly consented to further use of your data in accordance with Art. 6 Paragraph 1 Sentence 1 lit. we will inform you in this declaration.
6. Social media
Our online presence on Facebook, Instagram, Pinterest, LinkedIn
If you have given your consent to the respective social media operator in accordance with Art. 6 Paragraph 1 Sentence 1 lit. and stored, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. Cookies are usually used for this purpose. The detailed information on the processing and use of the data by the respective social media operator as well as a contact option and your related rights and setting options to protect your privacy can be found in the data protection information of the providers linked below. If you still need help in this regard, you can contact us.
Facebook is an offer from Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland") The information automatically collected by Facebook Ireland about your use of our online presence on Facebook is usually sent to a Facebook server , Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing when visiting a Facebook fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here .
Instagram is an offer from Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland") The information automatically collected by Facebook Ireland about your use of our online presence on Instagram is usually sent to a Facebook server , Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing when visiting an Instagram fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here .
Pinterest is an offer from Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (“Pinterest”). The information automatically collected by Pinterest about your use of our online presence on Pinterest is usually transferred to a server of Pinterest, Inc., 505 Brannan St., San Francisco, CA 94107, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
LinkedIn is an offer from LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (“LinkedIn”). The information automatically collected by LinkedIn about your use of our online presence on LinkedIn is usually transmitted to a server of the LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.
7. Contact options and your rights
7.1 your rights
As a data subject, you have the following rights:
· In accordance with Art. 15 GDPR, you have the right to request information about your personal data processed by us to the extent specified therein;
· In accordance with Art. 16 GDPR, you have the right to immediately request the correction of incorrect or incomplete personal data stored by us;
· In accordance with Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing
o to exercise the right to freedom of expression and information;
o to fulfill a legal obligation;
o for reasons of public interest or
o is necessary for the establishment, exercise or defense of legal claims;
· according to Art. 18 GDPR the right to request the restriction of the processing of your personal data, insofar as
o you dispute the accuracy of the data;
o the processing is unlawful, but you refuse to delete it;
o we no longer need the data, but you need them to assert, exercise or defend legal claims or
o You have lodged an objection to the processing in accordance with Art. 21 GDPR;
· In accordance with Art. 20 GDPR, you have the right 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 person responsible;
· According to Art. 77 GDPR the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
| Right to object Insofar as we process personal data as explained above in order to safeguard our legitimate interests, which are predominant in the context of a weighing of interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing takes place for other purposes, you only have a right of objection if there are reasons that arise from your particular situation. After exercising your right of objection, we will no longer process your personal data for these purposes unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing requires the assertion, exercise or defense of Serves legal claims. This does not apply if the processing is carried out for direct marketing purposes. Then we will no longer process your personal data for this purpose.
7.2 Contact options
If you have any questions about the collection, processing or use of your personal data, information, correction, restriction or deletion of data as well as revocation of granted consent or objection to a specific use of data, please contact us directly using the contact details in our imprint.
Return Policy (Widerrufsbelehrung)
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Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must send a clear declaration (e.g. a letter sent by post, fax or 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. You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website email@example.com. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
| Model withdrawal form (If you want to cancel the contract, please fill out this form and send it back.) - To Stéphanie Loiseau-Bilard, ENzianstrasse 12, 85521 Ottobrunn, Germany, firstname.lastname@example.org - I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
goods (*) / 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 if this is communicated on paper) - Date
(*) cross out where inapplicable.
Terms and Conditions (Allgemeine Geschäftsbedingungen)
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Terms of Service
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Birdyart SLB - Stéphanie Loiseau-Bilard.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are making a binding offer for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
We will accept your offer within two days by
· we submit a declaration of acceptance in a separate email or
· we have the goods delivered or
· if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German, English, French
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible on the Internet.
4. Terms of delivery
In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
In principle, you have the option of collection at Bilard, Enzianstrasse 12, 85521 Ottobrunn, Germany during the following business hours: 9H-18H working day Jour ouvré working day
We do not deliver to packing stations.
The following payment methods are generally available in our shop:
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal after the goods have been dispatched. You'll get more information during the ordering process.
Payment processing through PayPal Services
In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. In order to be able to pay the invoice amount, you do not have to be registered with PayPal. Depending on the selected payment method, you can be redirected to the PayPal website and the selected payment service after placing the order:
Credit card: Enter your credit card details in the ordering process. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be debited immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder.
Giropay: You can enter your payment details on the PayPal website and confirm that PayPal will use your details. You will then be directed to the website of paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("Giropay") forwarded. In order to be able to pay the invoice amount via Giropay, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order.
Direct debit: On the PayPal website you can enter your payment details, confirm the use of your details by PayPal and confirm the payment order to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited.
Sofort by Klarna: You can enter your payment details on the PayPal website and confirm that PayPal will use your details . You will then be redirected to the website of the online provider Sofort GmbH, Theresienhöhe 12, 80339 Munich (“Sofort”). In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order.
You will receive further information during the ordering process.
6. Retention of title
The goods remain our property until full payment.
7. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
8. Warranties and Guarantees
8.1 Right to liability for defects
The statutory right to liability for defects applies.
8.2 Warranties and customer service
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
· in the event of injury to life, body or health,
· in the event of willful or grossly negligent breach of duty,
· in the case of guarantee promises, if agreed, or
· as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here . Consumers have the opportunity to use this platform to settle their disputes.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de is responsible . We will take part in a dispute settlement procedure before this point.