GTC 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 one customer account. 

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

4. the offers on "The Uncommon Shop" are not binding. The indicated stock on "The Uncommon Shop" and the effective stock may differ. Incorrect price quotations are not excluded.

5. 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 incorrect pricing or incorrect display of stock. The successful conclusion of a contract is binding and the customer cannot withdraw.

If the item is in stock, the delivery time varies depending on the selected delivery method. More details under shipping. We use Swiss Post for delivery.

6. 5 Pre-ordered quantities cannot be guaranteed. There may be shortages, whereby "The Uncommon Shop GmbH" cannot be held liable.

7. the shipping costs are the same as the costs listed under "Shipping".

8. after successful conclusion of the contract the customer is obliged to pay the goods within 7 days. If the customer has not paid the invoice amount within 7 days, the contract will be dissolved by our side, without consultation with the customer. Until full receipt of payment, the goods remain the property of The Uncommon Shop GmbH.

9. customer data will be treated confidentially by us and will not be disclosed to third parties.

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

11. returns are possible within 10 days after receipt of the shipment.

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

13. one-way tickets are excluded from return.

14: Purchase on account with installment facility (POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

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).

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

The Uncommon Shop Ltd.

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 additional contact point for supervisory authorities and data subjects for inquiries related to the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

[email protected]

Responsible for data processing Switzerland is:

 

Pascal Stalder
Bahnhofstrasse 16
8590 Romanshorn
Switzerland

Thank you for your interest in our online store. 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 providing any personal information. Each time you call up a website, 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.

This access data is evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. According to Art. 6 para. 1 p. 1 lit. f DSGVO, this serves to protect our legitimate interests in a correct presentation of our offer, which outweigh our interests in the context of a balancing of interests. All access data is deleted no later than seven days after the end of your visit to the site.

2. data collection and use for contract processing, contacting and when opening a customer account.

 

We collect personal data if you voluntarily provide it to us in the context 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 to process the contract or to process your contact and you can not send the order or contact without their information. Which data is collected can be seen from the respective input forms. We use the data provided by you in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for contract processing and processing your requests.

Insofar as you have given your consent in accordance with Art. 6 (1) sentence 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 expiry of the retention periods under tax and commercial law, 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 statement. 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 via a function provided for this purpose in the customer account.

3. data transfer

 

For the fulfillment of the contract pursuant to Art. 6 para. 1 p. 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 pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves, insofar as you create an account there. In this case, you must register with the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

Data transfer to shipping service providers
If you have given us your express consent 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 p. 1 lit. a DSGVO, so that they can contact you before delivery for the purpose of delivery notification or coordination.The 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 your data 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 statement.Pascal Stalder

Bahnhofstrasse 16
8590 Romanshorn
Switzerland

4. email newsletter

 

E-mail advertising with registration for the newsletter
If you register for our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis based on your consent pursuant to Art. 6 (1) sentence 1 lit. a DSGVO.

Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via 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 data beyond this, which is permitted by law and about which we inform you in this statement.

E-mail advertising without newsletter registration and your right to object
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 Section 7 (3) of the German Unfair Competition Act (UWG), to send you regular e-mail offers for similar products to those you have already purchased from our range. This serves to protect our legitimate interests in addressing our customers in an advertising manner, which are outweighed in the context of a balancing of interests.

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 e-mail, without incurring any costs other than the transmission costs according to the basic rates.

5. integration of the Trusted Shops trustbadge

 

In order to display our Trusted Shops seal of approval and any reviews collected, as well as to offer Trusted Shops products to buyers after they have placed an order, the Trusted Shops trust badge is integrated on this website.

This serves to protect our legitimate interests in optimal marketing by enabling secure shopping in accordance with Art. 6 (1) p. 1 lit. f DSGVO, which prevail in the context of a balancing of interests. The trust badge and the services advertised with it are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. The Trustbadge is provided by a CDN provider (Content-Delivery-Network) as part of an order processing. Trusted Shops GmbH also uses service providers from the USA. An appropriate level of data protection is ensured. You can find more information about the data protection of Trusted Shops GmbHhere .

When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of the call-up, the amount of data transferred and the requesting provider (access data) and documents the call-up. Individual access data are stored in a security database for the analysis of security anomalies. The log files are automatically deleted no later than 90 days after creation.

Further personal data is transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or if you have already registered to use them. The contractual agreement between you and Trusted Shops applies. For this purpose, personal data is automatically collected from the order data. Whether you as a buyer is already registered for product use is checked automatically using a neutral parameter, the e-mail address hashed by cryptological one-way function. The e-mail address is converted into this hash value, which cannot be decrypted by Trusted Shops, before it is transmitted. After checking for a match, the parameter is automatically deleted.

This is necessary for the fulfillment of our and Trusted Shops' overriding legitimate interests in the provision of the buyer protection linked to the specific order in each case and the transactional evaluation services pursuant to Art. 6 (1) p. 1 lit. f DSGVO. Further details, including the objection, can be found in the Trusted Shops privacy policy linked above and in the Trustbadge.

6. cookies and web analytics

 

In order to make the visit to 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 optimized presentation of our offer according to Art. 6 para. 1 p. 1 lit. f DSGVO. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser the next time you visit (persistent cookies). The duration of storage can be found in the overview 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 about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages 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 the respective browsers 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 (1) p. 1 lit. a DSGVO, this website uses Google (Universal) Analytics for the purpose of website analysis. The web analytics service is provided by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). Google (Universal) Analytics uses methods that enable analysis of your use of the website, such as cookies. The information automatically collected about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. After the end of the purpose and the end of the use of Google Analytics by us, the data collected in this context will be deleted.

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewedhere . Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

You can revoke your consent at any time with future effect by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. This will prevent 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, you can clickthis link to prevent Google Analytics from collecting data on this website in the future. This will place an opt-out cookie on your terminal device. If you delete your cookies, you will be asked again to give your consent.

Use of etracker for web analysis
Insofar as you have given your consent in accordance with Art. 6 (1) p. 1 lit. a DSGVO, this website uses technologies from etracker GmbH (www.etracker.com) for the purpose of website analysis, from which user profiles are created using pseudonyms. Cookies may be used for this purpose. The pseudonymized usage profiles are not merged with personal data about the bearer of the pseudonym without a separate, explicit consent. After the end of the purpose and the end of the use of eTracker by us, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future by clicking this link .

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

7. sending evaluation reminders by e-mail

 

Rating reminder by Trusted Shops
If you have given us your express consent to this during or after your order in accordance with Art. 6 (1) p. 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 can send you a rating 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 options 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 specified therein;
  • in accordance with Art. 16 DSGVO the right to demand the correction of incorrect or completion of your personal data stored by us without delay;
  • in accordance with Art. 17 DSGVO the right to request the deletion of your personal data stored by us, unless further processing is necessary
    - to exercise the right to freedom of expression and information;
    - to comply with 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 request the restriction of the processing of your personal data, insofar as
    - the accuracy of the data is disputed by you;
    - the processing is unlawful, but you object to its erasure;
    - we no longer need the data, but you need them for the assertion, exercise or defense of legal claims or
    - you have objected 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 to us in a structured, common and machine-readable format or to request the transfer to another controller;
  • the right to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or 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 consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.

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

After you have exercised your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims.

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