GENERAL TERMS AND CONDITIONS AND DATA PROTECTION

Only valid in German. We are not liable for incorrect translations!

The GTC apply to all products and services offered by The Uncommon Shop GmbH. Deviations from the GTC are only effective if we confirm them in writing.

2. each customer is only entitled to have or create a customer account. 

3. the prices indicated on the page “The Uncommon Shop” are gross prices.

4. the offers on “The Uncommon Shop” are not binding. The stated stock on “The Uncommon Shop” and the actual stock may vary. Incorrect price information is not excluded.

A contract is concluded when the customer places an order on “The Uncommon Shop”. The Uncommon Shop GmbH is entitled to dissolve the contract in the event of an incorrect price quotation or an incorrect display of stock. The successful conclusion of a contract is binding and the customer cannot withdraw.

6. if the item is in stock, the delivery time varies depending on the delivery method chosen. For more information see shipping. We use the Swiss Post for the delivery.

7. the shipping costs correspond to the costs listed under “Shipping“.

After successful conclusion of the contract, the customer is obliged to pay for the goods within 7 days. If the customer has not paid the invoice amount within 7 days, the contract will be cancelled by us without consultation with the customer. The goods remain the property of The Uncommon Shop GmbH until payment has been received in full.

9. customer data will be treated confidentially and not passed on to third parties.

10 The customer can withdraw from a purchase contract within 7 working days in writing with effective justification. 

11. returns are possible within 10 days after receipt of the shipment. Returns for damaged products are possible after 7 days of receipt of the shipment. 

12. only originally packed, unused, clean, completely returned and undamaged items will be taken back. 

13. single tickets are excluded from return.

14: Kauf auf Rechnung mit Teilzahlungsoption (POWERPAY)

MF Group / POWERPAY bietet als externer Zahlungsdienstleister die Zahlungsart “Kauf auf Rechnung” an. Mit der Einzelrechnung können Sie Ihren Onlineeinkauf einfach per Rechnung begleichen. Sollten Sie auf eine Zahlung im vorgegebenen Zeitrahmen verzichten, erhalten Sie nachträglich im Folgemonat eine Monatsrechnung mit Bestellübersicht.

Beim Abschluss des Kaufvertrags übernimmt POWERPAY die entstandene Rechnungsforderung und wickelt die entsprechenden Zahlungsmodalitäten ab. Bei Kauf auf Rechnung akzeptieren Sie zusätzlich zu unseren AGB, die <a href=”https://www.powerpay.ch/de/agb” target=”_blank”>AGB</a> von POWERPAY. (powerpay.ch/de/agb).

15 The place of jurisdiction is exclusively Romanshorn TG. The legal relationship is subject to the Swiss Code of Obligations.

The Uncommon Shop GmbH

04.10.2018 Romanshorn

PRIVACY POLICY

 We have the following data protection representation pursuant to Art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein as anadditional contact point for supervisory authorities and data subjects for enquiries in connection with the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany

[email protected]

The person responsible for data processing in Switzerland is:

 

Pascal Stalder
Bahnhofstrasse 16
8590 Romanshorn
Switzerland

Thank you for your interest in our online shop. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.

 

1. ACCESS DATA AND HOSTING

You can visit our websites without giving any personal information. Whenever you call up a website, the web server merely automatically saves a so-called server log file, which contains e.g. the name of the requested file, your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call.

This access data is evaluated exclusively for the purpose of ensuring the trouble-free operation of the site and improving our offer. In accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO, this serves to protect our legitimate interests in the correct presentation of our offer, which are predominant in the context of a weighing of interests. All access data will be deleted at the latest seven days after the end of your visit to our website.

 

2. DATA COLLECTION AND USE FOR CONTRACT PROCESSING, CONTACTING AND OPENING A CUSTOMER ACCOUNT

 

We collect personal data when you voluntarily provide us with this information as part of your order or when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, because in these cases we need the data for the processing of the contract or for the processing of your contact and you cannot send the order or contact without their indication. Which data is collected can be seen from the respective input forms. We use the data you provide us with in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO for contract processing and processing your enquiries.

Insofar as you have given your consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO by deciding to open a customer account, we will use your data for the purpose of opening a customer account.

After complete processing of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after the expiry of the tax and commercial law retention periods, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are legally permitted and about which we inform you in this declaration. 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 below or by using a function in the customer account intended for this purpose.

 

3. DATA TRANSFER

 

In order to fulfil the contract in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we will pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the selected payment service for the processing of payments. In some cases, the selected payment service providers also collect this data themselves if you open an account there. In this case you must log in to the payment service provider with your access data during the ordering process. In this respect the data protection declaration of the respective payment service provider applies.

Data transfer to shipping service providers

If you have given us your express consent to do so during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO, so that they can contact you before delivery for the purpose of delivery notification or coordination.

Consent can be revoked at any time by sending a message to the contact option described below or directly to the shipping service provider at the contact address listed below. After revocation, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this declaration.

Pascal Stalder

Bahnhofstrasse 16
8590 Romanshorn
Switzerland

 

4. E-MAIL NEWSLETTER

 

E-mail advertising with subscription to the newsletter
If you subscribe to our newsletter, we use the data required for this purpose or provided separately by you to send you our e-mail newsletter regularly on the basis of your consent pursuant to Art. 6 Para. 1 S. 1 lit. a DSGVO.

You can unsubscribe from the newsletter at any time, either by sending a message to the contact option described below or by using a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.

E-mail advertising without registering for the newsletter and your right of objection
If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of § 7 para. 3 UWG, to send you regular offers by e-mail on similar products from our product range to those already purchased. This serves to protect our legitimate interests in addressing our customers in advertising, which outweigh the interests of the customer.

You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising mail, without incurring any costs other than the transmission costs according to the basic rates.

 

5. INTEGRATION OF THE TRUSTED SHOP TRUSTBADGE

 

For the display of our Trusted Shops seal of approval and the possibly collected ratings as well as the offer of Trusted Shops products for buyers after an order, the Trusted Shops trust badge is integrated on this website.

 

This serves to safeguard our legitimate interests in optimal marketing, which predominate in the context of a weighing of interests, by enabling safe purchasing in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. The trust badge and the services advertised with it are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. The trust badge is made available by a CDN provider (Content Delivery Network) within the scope of order processing. Trusted Shops GmbH also uses service providers from the USA. An appropriate level of data protection is guaranteed. Further information to the data security of the Trusted Shops GmbH you find here.

 

When the trust badge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. Individual access data is stored in a security database for the analysis of security incidents. The log files are automatically deleted at the latest 90 days after creation.

 

Further personal data is transferred to Trusted Shops GmbH, if you decide after completion of an order for the use of Trusted Shops products or have already registered for the use. It applies the contractual agreement met between you and Trusted Shops. For this an automatic collection of personal data from the order data takes place. Whether you are already registered as a buyer for a product use is automatically checked by means of a neutral parameter, the e-mail address hashed by cryptological one-way function. The e-mail address is converted before transmission into this hash value, which cannot be decrypted by Trusted Shops. After checking for a match, the parameter is automatically deleted.

 

This is necessary for the fulfillment of our and Trusted Shops’ predominant legitimate interests in the provision of the buyer protection linked to the specific order and the transactional valuation services in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO. Further details, also on the objection, can be found in the Trusted Shops data protection declaration linked above and in the trust badge. 

 

6. COOKIES AND WEB ANALYSIS

 

In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to protect our legitimate interests in an optimised presentation of our offer in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. Cookies are small text files which are automatically stored on your end device. Some of the cookies used by us are deleted again after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser the next time you visit us (persistent cookies). You can see the duration of storage in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:

 

Internet Explorer™
Safari™
Chrome™
Firefox™
Opera™

If cookies are not accepted, the functionality of our website may be limited.

 

Use of Google (Universal) Analytics for web analysis
If you have given your consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO, this website uses Google (Universal) Analytics for the purpose of website analysis. The web analysis service is an offer of Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is shortened before transmission within the member states of the European Union or in other states that are party 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 anonymised IP address transmitted by your browser within the framework of Google Analytics is not combined with other Google data. The data collected in this context will be deleted after the end of the purpose and use of Google Analytics by us.

 

As far as information is transferred to and stored on Google servers in the USA, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed at here On the basis of this agreement between the USA and the European Commission, the latter has established an appropriate level of data protection for companies certified under the Privacy Shield.

 

You can revoke your consent at any time with effect for the future by downloading and installing the browser plugin available at the following link https://tools.google.com/dlpage/gaoptout?hl=de. This prevents the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google.

 

As an alternative to the browser plugin, can clickthis link to prevent Google Analytics from recording data on this website in the future. An opt-out cookie will be stored on your end device. If you delete your cookies, you will be asked again to give your consent.

Use of etracker for web analysis
If you have given your consent in accordance with article 6, paragraph 1, sentence 1, lit. a of the German Data Protection Act (DSGVO), this website uses technologies from etracker GmbH (www.etracker.com) for the purpose of website analysis, data is automatically collected and stored from which user profiles are created using pseudonyms. Cookies may be used for this purpose. The pseudonymised user profiles will not be merged with personal data about the bearer of the pseudonym without express consent to be given separately. The data collected in this context will be deleted after the discontinuation of the purpose and the end of our use of eTracker. You can revoke your consent at any time with effect for the future by clicking thislink .

 

After your revocation, an opt-out cookie will be stored on your end device. If you delete your cookies, you will be asked again to give your consent.

 

7. SENDING EVALUATION REMINDERS BY E-MAIL

 

Valuation reminder by Trusted Shops
If you have given us your express consent to this during or after your order in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO, we will transmit your e-mail address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne (www.trustedshops.de), so that they send you a valuation reminder by e-mail.

This consent can be revoked at any time by sending a message to the contact option described below or directly to Trusted Shops.

 

8. CONTACT DETAILS AND YOUR RIGHTS

 

As a data subject, you have the following rights:

  • in accordance with Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent described therein;
  • in accordance with Art. 16 DSGVO, the right to demand the immediate correction of incorrect or incomplete personal data stored by us;
  • according to art. 17 DSGVO the right to demand the deletion of your personal data stored with us, unless further processing is necessary
    – to exercise the right to freedom of expression and information;
    – to fulfil a legal obligation;
    – for reasons of public interest or
    – to assert, exercise or defend legal claims
  • in accordance with Art. 18 DSGVO, the right to demand the restriction of the processing of your personal data, if
    – the accuracy of the data is disputed by you;
    – the processing is unlawful, but you refuse to have it deleted;
    – we no longer need the data, but you need it for the assertion, exercise or defence of legal claims or
    – you have lodged an objection to the processing in accordance with Art. 21 DSGVO
  • in accordance with Art. 20 DSGVO, the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party;
  • pursuant to Art. 77 DSGVO the right to complain to a supervisory authority. As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or to the supervisory authority of our company headquarters for this purpose.

 

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consents granted or objection to a specific use of data, please contact us directly via the contact data in our imprint.

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Right of objection
Insofar as we process personal data as explained above in order to safeguard our legitimate interests, which are predominant when weighing up interests, you can object to this processing with effect for the future. If the processing is for direct marketing purposes, you may exercise this right at any time as described above. If processing is carried out for other purposes, you only have the right to object if there are reasons arising from your particular situation.

After exercising your right of objection, we will not further process your personal data for these purposes, unless we can demonstrate compelling reasons for processing that are worthy of protection, which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

This does not apply if the processing is carried out for direct marketing purposes. In this case we will not process your personal data further for this purpose.********************************************************************