|General Terms and Conditions (GTC)
4. Unwind of the Contract
Sometimes the price is already fixed (depending on which product it is). This eliminates the offer and the by form notified interest becomes directly an order. Because of that order gets prepared an invoice which reaches the client by e-mail or by letter. Is the due sum transfered by the client (advance payment), we start on our part due works. Come these to an end could follows a correction phase. On its end the client gives the product explicitly free for the production. At finished products, e.g. books or screen print flags occurs no correction phase. All purchases become completed with an invoice.
4.1. Unwind of the Contract and payment in cash business
The prospective buyer expresses his interest in one or more products of our company. This comes up in principle by forms, placed on the web pages of our company, per e-mail, or in verbal or other written shape. We prepare an offer as a result of that (despite possibly known prices), which in principle comes to the prospective buyer by e-mail, but also verbal or by telephone. Is the prospective buyer pleased about the offer he activates the order in writing shape (e-mail, fax) or verbal or by telephone. I this way the prospective buyer becomes contract partner/buyer (in the following text called client). Because of the order the wished product becomes produced. The client gets the ware after finish of the make (the client will get a notice) at our store address. The payment follows cash and for invoice. Sums in invoices are to pay immediately and without deductions. All our prices contain the statutory value added tax. Point 6 of this GTC is in in cash business valid in useful changed form, point 8 is not valid in in cash business.
4.2. Business Transactions with foreign Countries
In principle we ship abroad not until the arrive of the payment (in Euro). Sums in invoices are to pay immediately and without deductions. All our prices contain the statutory value added tax. All deliveries come to the given adress. Delivery is by mail order. "Intra-Community supplies" without VAT are feasible, if the conditions of § 6a sales tax law (VAT Law) are given.
4.3. Unwind of the Contract and Payment for finished products (e.g. books, screen print flags, displays)
The buyer buys directly one or more book-products of our company. This comes up in principle by forms, placed on the web pages of our company, or in verbal or other written shape. I this way the buyer becomes contract partner/buyer (in the following text called client). Because of that order is prepared an Payment Request which reaches the client by e-mail or by letter. Is the due sum transfered by the client (advance payment) starts the delivery. In the case of a book in "Printing on Demand" the production comes first. All purchases become completed with an invoice.
"Printing on Demand" means, that the production starts only for an order. From there are some longer deliverytimes are possible. We beg in this cases for appreciation! The essential plus of "Printing on Demand" is its absolute topicality. When ever you order, you will always get products in the nearly newest level.
5. Time for supply
* Stock should arrive within two weeks
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which, you have taken possession of the goods, you or a third party named by you, which is not the carrier; or, in the case of a contract for several goods that were ordered under a single order and delivered separately: on the day on which you or a third party named by you, which is not the carrier, have taken possession of the final goods; or, in the case of a contract for the delivery of a good consisting of multiple lots or pieces: on the day when you, or a third representative of your choice, who is not the carrier, have taken physical possession of the last goods or the last piece. To exercise your right of cancellation, you have to notify us
by a clear statement (eg a consigned by post mail, fax or email) of your decision to withdraw from this contract. You can in this way fill out and submit the Return-Form or any other unequivocal statement. You can download the Return-Form on our website, print it out and fill it out (click here). Do you make use of this opportunity, we will forward to you immediately (eg by e -mail) the confirmation of the receipt of such a withdrawal. To observe the revocation period it is just sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal:
* In the conventional, in the Far East mass-produced screen printing flags (which are also directly selled from painanta.com), can very rarely - due to technical reasons - occur small splashes or variations of colour, as well as minor deficits in the processing, structure or size. They do not constitute as defects. Screen printing flags become explicitly named in offers and invoices as such.
8. Mass Tolerances
Waldesch, 25th of April in 2018
|Data Protection / Privacy Shield|
processing of personal data (hereinafter called as "data") within our online
offering and the related websites, features and content, as well as external
online presence, e.g. our social media profile. (hereinafter called as
"online offer"). In view to the used terminology, e.g. "Processing" or
"Responsible" we refer to the definitions in Article 4 of the General Data
Protection Regulation (GDPR).
Types of processed data:
- Inventory data (e.g., names, addresses).
- contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos).
- usage data (e.g., websites visited, interest in content, access times).
- Meta and communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we call the affected persons as "users").
Purpose of processing
- Provision of the online offer, its functions and contents.
- Answering for contact requests and communicating with users.
- Safety measures.
- Reach measurement / Marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "affected person"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes in fact every handling of data.
"Responsible person" means the natural or legal person, public authority, agency, institution or other corporate bodies, that decides, alone or together with others, on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, serves Art. 6 para. 1 lit. d GDPR as legal basis.
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to it, a legal obligation or on the basis of our legitimate interests (e.g. the use of agents, webhosters, etc.). If we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (means outside the European Union (EU) or the European Economic Area (EEA)) or this happens in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done, if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. That means that the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. for the USA by the Privacy Shield) or in compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects / affected persons
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted without delay, or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other responsible persons.
In accordance with Art.Art. 77 GDPR you the right to file a complaint to the competent supervisory authority.
You have the right to withdrawal from granted consent in accordance with. Art. 7 para. 3 GDPR with effect for the future
Right to objection
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object in direct mail
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 6 years in accordance with § 257 Abs. 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with § 147 Abs. 1 AO (books, records, management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with properties and for 10 years in context of documents, related to electronically supplied services, telecommunications, broadcasting and television services provided to non-companies in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition we process
- contract data (e.g., subject, operational time, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospective customer and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online offer / online service.
On this occasion process we or our hosting provider, inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DGPR i.V.m. Art. 28 GDPR (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data on every access to the server on which 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.
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact information of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.
As part of the use of our online services, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the visited web pages of our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile to inform the user e.g. to display product instructions based on their previously used services.
The deletion of the data takes place after expiration of legal warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration. Information in the customer's account remains until it is deleted.
When contacting us (for example by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR is processed. User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization. We delete the requests, if they are no longer required. We check the requirement every two years; Furthermore, the legal archiving obligations apply.
Online presence in social media
Integration of services and contents of third parties
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as to include videos or fonts (hereinafter called as "content"). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web sites, visit time, and other information regarding the use of our online offer. This online offer may also contain links to buy-recommendations from third parties placed on their online offer. If these links are followed, the provisions of the GDPR will be transferred to those third parties.
Use of Facebook social plugins
On the basis of our legitimate interests (what means interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f GDPR) we use social plugins ("plugins") of the social network facebook.com, which are operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "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/.
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him 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 users according to our knowledge.
By integrating the 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.
If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and associate it with his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies 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 USA website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. The settings are platform independent, what means they are adopted for all devices, such as desktop computers or mobile devices.
Payment service PayPal
In the course of the execution of contracts for work offered by the operator of this website, it may happen that links to the websites of Paypal are forwarded. Here the user only needs to specify a transaction number. All personal data is made available by PayPal from the user accounts of its customers - they are not stored by the operator of this online offer and also not within the online offer itself.
Created with Datenschutz-Generator.de by RA Dr. med. Thomas Schwenke
to the Return-Form - click here