Data protection
This data protection declaration clarifies the type, scope and purpose of the processing of personal data within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (referred to as “Online Offering”). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
Martin Epding
At Jungbornpark 204
47445 Moers
Phone: 02841 9798955
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).
Visitors and users of the online offer (we refer to the persons concerned collectively as "users").
purpose of processing
- Provision of the online offer, its functions and content.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach measurement/marketing
Terms used
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" is any process or series of processes carried out with or without the aid of automated processes in connection with personal data. The term is broad and encompasses practically every handling of data.
The "responsible person" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) lit. a and Art Answering inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(c) GDPR 6 Paragraph 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other people and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is required for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place 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 only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You also have the right, in accordance with Article 77 GDPR, to lodge a complaint with the competent supervisory authority.
right of withdrawal
You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future
Right to object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct advertising purposes.
Cookies and the right to object to direct advertising
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a log-in status can be saved. "Permanent" or "persistent" refers to cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, we speak of "first-party cookies").
We can use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding 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.
A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.
deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, storage takes place in particular for 6 years in accordance with Section 257 (1) HGB (books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with properties and for 10 years for documents related to electronically supplied services, telecommunications, radio and television services supplied to non-businesses in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
Business-related processing
In addition, we process
- Contract data (e.g. subject matter, term, customer category).
- Payment data (e.g. bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer on the basis of our legitimate interests in making this online offer available efficiently and securely in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Article 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
Administration, financial accounting, office organization, contact management
We process data as part of administrative tasks and the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process in the context of providing our contractual services. The basis of processing is Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given in these processing activities.
We disclose or transmit data to the financial administration, consultants such as tax consultants or auditors as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g. for the purpose of later contact. We store this mostly company-related data permanently.
contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the information provided by the user is processed in order to process the contact request and its processing in accordance with Article 6 (1) (b) GDPR. User information can be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.
We delete the requests if they are no longer necessary. We review necessity every two years; Furthermore, the statutory archiving obligations apply.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to be able to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process user data if they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
Google ReCaptcha
We integrate the function for detecting bots, e.g. when making entries in online forms ("ReCaptcha") from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
General terms and conditions
These terms and conditions apply to all orders placed with Martin Epding for the construction, maintenance, repair, restoration, new construction, storage and other services and work on instruments, as well as the preparatory work for this, such as inspections and cost estimates.
Contractual partner
The contract is concluded with:
Inverse guitars
Martin Epding
Am Jungbornpark 204
47445 Moers
Germany
VAT ID No.: DE 120657717
You can reach us Monday to Thursday from 10.00 to 17.00, Friday from 10.00 to 13.00 by phone at +49 (0)2841 97 98 955 or by e-mail at
Right of cancellation, cancellation policy
As a consumer (§ 13 BGB), you can revoke your contractual declaration within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of goods that are manufactured according to customer specifications, the right of withdrawal is excluded in accordance with § 312d Para. 4 No. 1 BGB.
To exercise your right of withdrawal, you must contact me:
Martin Epding
Am Jungbornpark 204
47445 Moers
Fax: +49 (0)2841 97 98 944
by means of a clear declaration (for example, a letter sent by post, fax or e-mail) of your decision to revoke this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be repaid immediately and at the latest within 14 days of the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.
If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection as would have been possible for you in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent as a parcel are to be returned.
End of the cancellation policy
Scope of application, definitions
The following General Terms and Conditions (GTC) in the version valid at the time of the order shall apply exclusively to the business relationship between Martin Epding and customers who use our offers and services. Deviating provisions of the customer shall not be recognised unless Martin Epding expressly agrees to their validity in writing. The Customer shall be deemed to be a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to its commercial or self-employed professional activity (Section 13 of the German Civil Code (BGB)). Otherwise, any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract shall be an entrepreneur (§ 14 BGB).
Shipping
We ship with DHL, UPS or a company of our choice. If you pay by cash on delivery, an additional fee will be charged, which will be collected by the delivery company on site. There are no further taxes or costs. The shipping costs for foreign deliveries and large, heavy parts over 10kg and/or belt dimensions over 1.5m can only be communicated in the invoice.
Self-delivery reservation
If the ordered product is not available because we are not supplied with this product by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made. The burden of proof for a lack of delivery by our supplier lies with us.
Transfer of risk in the case of shipment to entrepreneurs
If the goods are shipped to an entrepreneur at the latter's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser (entrepreneur), at the latest upon leaving the warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs. Claims for compensation for damage to the goods during transport, or even loss of the goods, must be filed with the carrier - in accordance with the carrier's transport conditions. We reserve the right to choose the shipping route and the packaging material.
Minimum order value
In commercial transactions with entrepreneurs, Martin Epding reserves the right to charge possible processing fees and costs of up to 10% of the value of the goods for order values of less than EUR 100.
Payment
My products are usually produced according to customer specifications, the buyer receives a production order from me according to his order. An effective contract is only concluded when the buyer confirms the production order with a legally binding signature and sends it to me in text form (by post, fax or e-mail). In addition, an advance payment of 50% of the order value is to be made. If no assurance is given in this respect, Martin Epding shall be entitled to withdraw from the contract.
Prior to full payment of all invoice amounts due, including interest on arrears, we shall not be obliged to make any further deliveries under a current contract. In the event of late payment, we shall charge a reasonable administrative fee. We reserve the right to charge interest on arrears. If the fulfilment of the payment claim is at risk, we are entitled to make outstanding deliveries only against advance payment.
Finished instruments and parts can be taken away or shipped directly after payment.
Retention of title
Until full payment of our total claim, the delivered goods remain our unrestricted property.
Return of goods
Goods can only be returned with our express consent. Returned goods, with the exception of instruments manufactured to order or their parts, will be reimbursed at the purchase value in the form of a credit note, or a money refund, or a return transfer. We reserve the right to charge any processing fees and costs for repackaging of up to 10% of the value of the goods.
Copyright/rights of use
Drafts and final artwork, texts and other media produced may not be altered, either in the original or in reproduction, without the express consent of Martin Epding. Any partial or complete imitation is not permitted.
All drafts and final artwork, texts as well as source code and other media are subject to copyright law. The provisions
of the Copyright Act also apply if the level of creation required under Section 2 UrhG has not been reached.
Proposals of the client or his other cooperation do not constitute a joint copyright.
Warranty and liability
Martin Epding accepts no liability arising from natural wear and tear or external influences.
Any liability for defects shall lapse if
- the buyer repairs, modifies or improperly handles the goods himself, installs unsuitable accessories, makes changes to original parts or has such measures carried out by third parties.
- the goods are not handled or used in accordance with their intended purpose or there is any other improper handling or use. If a defect becomes apparent later than six months after receipt of the goods, I shall only be liable if I am provided with evidence that the defect was already present at the time of the transfer of risk and has not been caused, either in whole or in part, by the above-mentioned effects and that the rectification of the defect by me has not been unreasonably impeded in the meantime.
In the event of a defect for which Martin Epding is responsible existing at the time of the transfer of risk, I shall be entitled at my own discretion to remedy the defect or to make a replacement delivery. The goods must be returned free of charge to Martin Epding. In the event of only minor defects, the purchaser shall not be entitled to withdraw from the contract.
The buyer shall only be entitled to warranty rights insofar as the purchased item was already defective at the time of transfer of risk.
The buyer does not receive any guarantees from me in the legal sense.
Excluded from the warranty are:
- used goods
- accessories, unless otherwise stated in the respective item description.
- Products that are subject to wear and tear due to use or other natural wear and tear, as well as defects in the product that are due to non-compliance with operating instructions, improper use, abnormal environmental conditions, improper operating conditions, overloading or lack of maintenance or care.
- Defects in the product caused by the use of accessories, supplements or spare parts that are not original parts.
- Products to which modifications or additions have been made.
- Minor deviations from the nominal condition which are insignificant for the value and usability of the product.
We shall only be liable for our own fault and only for intent and gross negligence. The shipment of instruments and parts shall be at the risk and for the account of the client. Services are provided "as is" without any other warranty or condition, express or implied, including warranties of merchantability, fitness for sale or fitness for a particular purpose or warranties arising by law, statute, course of dealing or usage of trade. We are further not responsible for any legal claims made by any third party. Claims not expressly granted in these terms and conditions, in particular claims for damages arising from impossibility, delay, breach of ancillary contractual obligations which are not material contractual obligations, culpa in contrahendo, tort, are excluded, unless the contractor has mandatory liability in cases of intent and gross negligence. Our maximum liability to the customer shall not exceed in total the amount paid by him for the product. The limitations in this paragraph shall apply whether or not the alleged breach or default is a breach of a material term or condition of the contract or a material breach.
Deadline promises are non-binding unless they have been agreed in writing.
All claims against the contractor, irrespective of the legal grounds, shall become statute-barred at the latest 1 year after the transfer of risk to the customer, unless the statutory limitation period is shorter1. §852 BGB remains unaffected.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed from the Terms and Conditions and the remaining provisions shall continue in full force and effect.
The place of performance and jurisdiction for merchants is Moers.
Status 10.09.2023
All previous GTCs hereby lose their validity.
