AGB & Datenschutz
Alles, was Sie wissen sollten
1. Scope of application
For all orders via our online shop aumhaus.de by consumers and entrepreneurs the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that serve mainly private use and therefore can be assigned neither to his commercial nor his independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Luisa Konga, Mainzer Str. 5, D-45145 Essen.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
We accept your order by sending an acceptance declaration in a separate email or by delivering the goods within two days.
When you place an order, you provide your credit card details and the credit card company carries out an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. At the time of the credit card debit, the contract with us is concluded.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons the contract text is no longer accessible via the Internet.
4. Terms of delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself.
We do not deliver to packing stations.
In our shop the following payment methods are basically available to you:
When you place your order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. Right of withdrawal
Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Warranties and guarantees
The statutory law on liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints and objections on weekdays from to by email via the contact section.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
. in case of injury to life, body or health
. in case of intentional or grossly negligent breach of duty
. in the case of guarantee promises, if agreed, or
. as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.
11. Dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure before a consumer dispute resolution service. The responsible body is the General Consumer Conciliation Board of the Centre for Conciliation (Zentrum für Schlichtung e.V.), Strasburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Mainzer Str. 5
We, or the site provider, collect data on access to the website on the basis of our legitimate interest (see Art. 6 Para. 1 lit. f. GDPR) and store this data as “server log files” on the website server. The following data are logged in this way:
. Visited website
. Time at time of access
. Amount of transmitted data in bytes
. Source/reference from which you accessed the site
. Browser used
. Operating system used
. IP address used
The server log files are stored for a maximum of 7 days and then deleted. The data is stored for security reasons, e.g. to be able to clarify cases of abuse. If data must be kept for reasons of evidence, they are excluded from deletion until the incident has been finally clarified.
Collection, processing and transfer of personal data for orders
When you place an order, we collect and process your personal data only to the extent necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is based on Art. 6 Para. 1 letter b. DSGVO and is necessary for the fulfilment of a contract with you.
Your data (like address, e-mail address) will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The extent of the data transfer is limited to a minimum.
Payment service provider
Use of PayPal
Reach measurement & cookies
. Cookie deactivation page of the network advertising initiative: http://optout.networkadvertising.org/?c=1#!/
. Cookie deactivation page of the US website: http://optout.aboutads.info/?c=2#!/
. Cookie deactivation page of the European website: http://optout.networkadvertising.org/?c=1#!/
Common browsers offer the setting option not to allow cookies.
Note: It is not guaranteed that you will be able to access all functions of this website without restrictions if you make the appropriate settings.
Collection and processing of personal data
We collect, use and pass on your personal data only if this is permitted by law or if you consent to the collection of data. Personal data is defined as all information which serves to determine your person and which can be traced back to you – such as your name, e-mail address and telephone number.
You can also visit this website without providing any personal information. However, to improve our online offer we store (without personal reference) your access data to this website. This access data includes, for example, the file you requested or the name of your Internet provider. By making the data anonymous, it is not possible to draw conclusions about your person.
We process personal data such as first name, surname, IP address, e-mail address, place of residence, postal code and content information from the contact form.
We process personal data only with the express permission of the users concerned and in compliance with the applicable data protection regulations or if the data is necessary for the conclusion of a contract.
Personal data is processed on the basis of our legitimate interest in fulfilling our contractually agreed services and optimizing our online offer.
Handling of contact data
If you contact us using the contact options offered, your details will be stored so that they can be used to process and answer your enquiry. The data will be stored until the reason for contacting us no longer applies and the data is no longer required. This data will not be passed on to third parties without your consent.
Dealing with comments and contributions
If you leave a contribution or comment on this website, your IP address will be saved. This is done on the basis of our legitimate interests as defined in Art. 6 Para. 1 lit. f. DSGVO and serves the security of us as website operators: if your comment violates applicable law, we can be prosecuted for this, which is why we have an interest in the identity of the author of the comment or contribution.
We offer you a newsletter in which we inform you about current events and offers. If you would like to subscribe to the newsletter, you must provide a valid e-mail address. By subscribing to the newsletter, you agree to receive the newsletter and the procedures explained. The processing of your personal data is based on your consent, in accordance with Art 6 Paragraph 1 lit. a DSGVO.
The newsletter is sent by the mail service provider “Wix”.
Revocation and termination: You can revoke your consent to receive the newsletter at any time and thus cancel the newsletter subscription. After your cancellation your personal data will be deleted. Your consent to receive the newsletter expires at the same time. At the end of each newsletter you will find the link to cancel.
Note: In this part of the data protection declaration you should also provide information about the contents of your newsletter, e.g. whether advertising is also sent in the newsletter.
Furthermore, you should indicate how the data is stored by the shipping service provider (pseudonymised or not), for what purposes the data is collected, whether data is passed on to third parties, whether and how statistical surveys or analyses are carried out, etc.
Rights of the user
Every data subject has the right of access (according to Art. 15 GDPR), right to rectification (Art. 16 GDPR), right to erasure (Art. 17 GDPR), right to restriction of processing (Art. 18 GDPR), right to object (Art. 21 GDPR) as well as the right to data portability (Art. 20 GDPR).
Regarding the right of access and the right of erasure, the restrictions according to sections 34 and 35 of the Bundesdatenschutzgesetz (BDSG, German Data Protection Act) apply.
You may withdraw from us your consent to process personal data at any time. This also applies to the withdrawal of declarations of consent that were given to us before the effective date of the General Data Protection Regulation, i.e., prior to 25 May 2018. Please note that the withdrawal is valid only for the future. Processing that occurred before the withdrawal is not affected.
Further, there is a right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR, in connection with 19 BDSG). You will find a list of supervisory authorities (for the non-public sector) with their addresses at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right of objection
Users of this website can exercise their right of objection and object to the processing of their personal data at any time.
If you wish to correct, block, delete or obtain information about the personal data stored about you, or if you have questions regarding the collection, processing or use of your personal data, or if you wish to withdraw your consent, please contact the following e-mail address: firstname.lastname@example.org
This includes, for example, information about (list is not complete)
. The transfer of data to third parties and third-party providers
. Integration of services and content of third parties (e.g. Google fonts or YouTube videos)
. Contractual performance
. Contact via the contact form
. Use of session cookies
. Use of data-processing anti-spam plug-ins
. Use of the Google Remarketing tag
. Using Google+ or Twitter buttons