Terms and Conditions

 

Terms and Conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope
1.1. For the business relationship between insertion: Shapepress e.U., owner: Daniel Höller Pulvermühlstraße 21, 4040 Linz (hereinafter referred to as “seller”) and the customer (hereinafter referred to as “customer”), the following terms and conditions apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints weekdays from 13:00 clock to 17:00 clock under [email protected]
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.

3. Ordering process and contract conclusion
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button “Buy Now” in a so-called shopping cart. Within the basket, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can use the “Continue to checkout” button within the shopping cart to complete the ordering process.
3.2. With the button “order with payment” the customer makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the result that the order is invalid and the seller does not fulfill the obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices quoted on the seller’s website excluding the applicable VAT.
4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller may rescind the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (for example, limitations on deliveries to certain countries) on a separate information page or within the relevant product description.

6. Payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Until full payment, the delivered goods remain the property of the seller.

8. Warranty and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A warranty exists for the goods delivered by the seller only if this has been expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.

9. Liability
9.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of revocation and the instructions for shipping costs and delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the internet.

11. Final provisions
11.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. Contract language is German.
11.3. European Commission Online Dispute Resolution (OS) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute settlement procedure before a consumer arbitration board.

General Privacy Policy

The protection of your data is very important to us. We only process data on a legally compliant basis and consider it our duty to protect your data from any misuse. We use your data only for purposes to which you have authorized us.

Table of Contents
1. Objective and responsible body
2. Basic information on data processing
3. Processing of personal data
4. Collection of access data
5. Cookies & reach measurement
6. Google Analytics
7. Google Re-/Marketing Services
8. Facebook social plugins
9. Facebook remarketing
10. Newsletter
11. Integration of services and content of third parties
12. User rights and deletion
13. Changes to the privacy policy

1. Objective and responsible body

This Privacy Policy clarifies the nature, scope and purpose of the processing (including collection, processing, use and consent) of personal information contained in our online offering and the related websites, features and content (collectively referred to as “online offer” or “Website”). The privacy policy applies regardless of the domains, systems, platforms, and devices (such as desktop or mobile) on which the online offering is being run.

Provider of the online offer and responsible for the data protection law is Shapepress eU, owner: Daniel Höller, Pulvermühlstraße 21, 4040 Linz, Oberösterreich (hereinafter referred to as “provider”, “we” or “us”). For the contact possibilities we refer to our imprint.

The term “user” includes all customers and visitors of our online offer. The terms used, such as “Users” are to be understood gender-neutral.

<´h2>2. Basic information on data processing

We only process users’ personal data in compliance with the relevant data protection regulations in accordance with the requirements of data minimization and purpose limitation (see Processing Principles: EU GDPR Article 5). This means that the data of the users are processed only in the presence of a legal permit or obligation, for the fulfillment of contractual obligations (which are necessary, for example, for the provision of the services offered) or in the presence of your consent.

We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and in order to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

Insofar as data transmission to third parties is necessary for the fulfillment of legal requirements, the fulfillment of the services to be provided within the framework of contractual obligations or on the basis of your explicit consent, we always ensure that this is done safely and in accordance with data protection regulations and in accordance with EU GDPR Article 5.

(Webshop, if applicable): A transfer of data to third parties does not take place, with the exception of the transmission of credit card data to the involved bank institutes / payment service providers for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us for the delivery of the goods as well as to our tax consultant Fulfillment of our tax obligations.

3. Processing of personal data

The personal data are, in addition to the use expressly mentioned in this privacy policy, processed for the following purposes on the basis of statutory requirements, to fulfill the contract or your express consent:
– The provision, execution, maintenance, optimization and security of our services, services and user services;
– Ensuring effective customer service and technical support.

Insofar as data transmission to third parties is necessary for the fulfillment of legal requirements, the fulfillment of the services to be provided within the framework of contractual obligations or on the basis of your express consent, we always ensure that this is done safely and in accordance with data protection regulations in accordance with EU GDPR Article 5.

(Webshop, if applicable): A transfer of data to third parties does not take place, with the exception of the transmission of credit card data to the involved bank institutes / payment service providers for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us for the delivery of the goods as well as to our tax consultant Fulfillment of our tax obligations.

When contacting us (via contact form or e-mail), the details of the user are stored for the purpose of processing the request as well as in the event that follow-up questions arise.
Personal data will be deleted if they have fulfilled their purpose and deletion does not conflict with any retention requirements.

4. Collection of access data

We collect data about every access to the server where this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

We use the log data without linking it to the specific person of a user or other profiling according to the statutory provisions only for statistical evaluations for the purpose of operation, security and optimization of our online offer. However, we reserve the right to retrospectively check the log data if, on the basis of concrete evidence, the legitimate suspicion of unlawful use exists.

5. Cookies & reach measurement

Cookies are information transmitted from our web server or third-party web servers to users’ web browsers and are stored there for later retrieval. The use of cookies in the context of pseudonymous range measurement is described in this privacy policy.
The usage of this online offer is also possible with the exclusion of cookies. If users do not want cookies stored on their computer, they are asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
There is a possibility to manage many companies’ online advertising cookies via the US website http://www.aboutads.info/choices or the EU page http://www.youronlinechoices.com/uk/your-ad-choices/.

6. Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offer and internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP address will be sent to a Google server in the US and shortened there.

The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent data collection by Google of data which is generated by the cookie and related to their use of the online offer as well as the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s use of data, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“Google’s use of your data when you use websites or our partners’ apps “), http://www.google.com/policies/technologies/ads (” Use of data for promotional purposes “), http://www.google.com/settings/ads (” Managing information provided by Google used to show you ads “) and http://www.google.com/ads/preferences (” Determine which ads Google shows you “).

7. Google Re-/Marketing Services

We use the Google Inc. Marketing and Remarketing Services (“Google Marketing Services”), 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”).
Google Marketing Services allows us to better target advertisements for and on our website so that we only present ads to users that potentially match their interests. E.g.: It is called remarketing if users are also shown ads for products they are interested in on other websites.

For these purposes, when Google and our other websites that are running Google Marketing Services are activated, Google runs a code and so-called (re) marketing tags (invisible graphics or code, etc., also named “web beacons�) are added and incorporated into the website. With their help, the user is provided with an individual cookie, viz. a small file is saved (instead of cookies, comparable technologies can also be used).

The cookies can be set by different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file it is noted which web pages users visited, what content they are interested in and what offers they have clicked, as well as technical information about the browser and operating system, referring web pages, visit time and other information about the use of the online offer.

The IP address of the users is also recorded, whereby in the context of Google Analytics the IP address is shortened within member states of the European Union or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases data is transmitted to a Google server in the US and shortened there. The IP address will not be merged with data of the user within other offers from Google. The information mentioned above may also be associated with information from other sources. So that ads according to the interests of the users can be displayed when they visit other websites.

The data of the users are pseudonymised processed in the context of the Google marketing services. That means Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. From the perspective of Google, the ads are not managed and displayed to a specifically identifiable person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if users have explicitly allowed Google to process their data without this pseudonymization. The information collected about users by “DoubleClick” is transmitted to Google and stored on Google’s servers in the United States.

Among the Google marketing services we use is amongst others the online advertising program “Google AdWords”. In the case of Google AdWords, each advertiser receives a different “conversion cookie”. Cookies cannot be tracked through AdWords advertisers’ websites. The information collected through the cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Advertisers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.

We embed third-party ads based on Google’s DoubleClick marketing service. DoubleClick uses cookies, which allow Google and its affiliate websites to serve ads based on users’ visits to this site or other sites on the Internet.
We also engage third-party ads based on the Google AdSense marketing service. AdSense uses cookies, which allow Google and its affiliate websites to serve ads based on users’ visits to this site or other sites on the Internet.

Another Google marketing service we use is the Google Tag Manager, which allows additional Google analytics and marketing services to be integrated into our website (e.g. AdWords, DoubleClick, or Google Analytics).
For more information about Google’s data usage for marketing, see their overview page: https://www.google.com/policies/technologies/ads, Google’s Privacy Policy is available at https://www.google.com/policies/privacy.
If you wish to opt-out of Google Marketing Services, you may take advantage of Google’s settings and opt-out options: http://www.google.com/ads/preferences.

8. Facebook social plugins

Our online offering uses social plugins (“plugins”) from the social network facebook.com operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins are recognizable by one of the Facebook logos (white “f” on blue tile, the terms “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated into the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs the users according to our knowledge.

By integrating plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options for protecting the privacy of users, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and possible revocations regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform independent, which means that they are adopted for all devices, such as desktop computers or mobile devices.

9. Facebook remarketing

Within our on-line offer so-called “Facebook pixels” of the social network Facebook, which are operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”).

With the help of the Facebook pixel, Facebook is able to designate the visitors of our offer as a target group for the presentation of advertisements, so-called “Facebook Ads”. Accordingly, we use Facebook pixel to display Facebook ads only to those Facebook users who have also shown an interest in our website. In other words, with the help of the Facebook pixel, we want to make sure that our Facebook ads are in line with the potential interest of users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes by seeing if users were redirected to our site after clicking on a Facebook ad.

Facebook pixel is directly integrated by Facebook when calling our website and can save a so-called cookie (a small file) on your device.

If you log in to Facebook or visit Facebook in a logged-in state, the visit of our offer is noted in your profile. The data collected about you are anonymous to us, so they do not give us any indications about the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible. The processing of the data by Facebook is part of Facebook’s data usage policy. Accordingly, you will learn more about how the remarketing pixel works and more generally about how Facebook ads are displayed in Facebook’s Data Usage Policy: https://www.facebook.com/policy.php.

You may object to the data collection and use of your data by Facebook Pixel to display Facebook Ads. To do this, you can visit the page set up by Facebook and follow the instructions for the usage-based advertising settings: https://www.facebook.com/settings?tab=ads or the contradiction on the US-American site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform independent, that means they are adopted for all devices, such as desktop computers or mobile devices.

10. Newsletter

With the following information, we will explain the contents of our newsletter, the registration, sending and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. In general our newsletters contain the following information: our products, offers, promotions and our company.

Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with an invalid or not owned e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored by the newsletter service provider will be logged.

Newsletter service provider: The newsletter is sent by means of “Mailchimp” (hereinafter referred to as “newsletter service provider”). The privacy policy of the newsletter service provider can be found here: https://www.mailchimp.com/privacy.

The e-mail addresses of our Newsletter recipients, as well as their other data described in the context of these notes, are stored on the servers of the newsletter service provider. The newsletter service provider uses this information to send and evaluate the newsletter on our behalf.

Furthermore, the newsletter service provider may, according to their information, use this data to optimize or improve its own services, e.g. for the technical optimization of the sending and the presentation of the newsletter or for economic purposes, to determine from which countries the recipients come. However, the newsletter service provider does not use the data of our newsletter recipients to contact them for their purposes or to pass these contacts on to third parties.

Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address.

Statistical Survey and Analysis – The newsletters contain a so-called “web-beacon”, a pixel-sized file that is retrieved from the server of the newsletter service provider when the newsletter is opened. This request will initially collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval. This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times.

Statistical surveys also include determining if the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavor nor that of the newsletter service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content accordingly or to send different content according to the interests of our users.

Termination / Revocation – You may terminate the receipt of our newsletter at any time, that means revoking your consent. At the same time, your consent for receiving any emails from the newsletter service provider and the statistical analyzes expire. A separate revocation of receiving emails from the newsletter service provider or the statistical evaluation is unfortunately not possible. A link to cancel the newsletter can be found at the end of each newsletter.

11. Integration of services and content of third parties

It may occur that contents or services of third-party providers, such as maps or fonts from other websites, are included in our online offer. The inclusion of content from third-party providers always requires that third-party providers perceive the IP address of the users, since they could not send the content to the users’ browser without the IP address.

The IP address is therefore required for the presentation of this content. Furthermore, providers of third-party content can set their own cookies and process users’ data for their own purposes. In the process, user profiles can be created from the processed data. We do our best to use this content in a data-saving and data-avoiding manner as far as possible and select reliable third-party providers with regard to data security.

The following presentation provides an overview of third-party providers as well as their contents and links to their privacy statements, with further details on the processing of data and partly revocation possibilities (so-called opt-out):

– External fonts from Google, Inc., https://www.google.com/fonts (“Google Fonts”). The integration of Google fonts is done by a server call on Google (usually in the US). Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.
– Maps of the “Google Maps” service provided by the third-party Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.
– Third-party Google Inc.’s YouTube Platforms, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.

12. User rights and deletion

Users have the right, upon request, to receive information free of charge about the personal data that we have stored about them.
In addition, users have the right to correct inaccurate data, revoke consent, block the processing and delete their personal information if justifiable and to file a complaint with the responsible regulatory authority in the event of unlawful processing.

The data stored with us are deleted as soon as they are no longer necessary for their purpose and the deletion does not conflict with any statutory storage requirements.

13. Changes to the privacy policy

We reserve the right to change the privacy policy in order to adapt it to changed legal situations, or to changes in the service and data processing. However, this only applies to declarations of data processing. If users’ consent is required or elements of the privacy policy contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
Users are requested to inform themselves regularly about the content of the privacy policy.

Status: 17.04.2018 12:10

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