DINAIR DEUTSCHLAND

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Terms and Conditions
Information for consumers regarding distance selling contracts and customer
information regarding electronically executed commercial contracts

1 Scope
The following Terms and Conditions, in the version applicable at the time of placement of the order, apply to customers in relation to orders placed via the internet shop.

2 Conclusion of contract
The display of our products on our online site merely constitutes an invitation for the customer to offer to enter into a contract. By placing an order the customer is making an offer within the definition of Section 145 German Civil Code (BGB). The customer will receive an emailed confirmation that the order has been received. The contract is concluded with us if we confirm the customer’s offer in writing or in text form within 10 days or if we dispatch the ordered goods. In the event that the advance payment method is agreed, we declare our contractual acceptance of the Customer's offer at the time that the customer renders the advance payment provided this is within 10 days of having submitted the order.

3 Apportionment of standard costs of the return consignment in the event that the right of cancellation is exercised
Buyer shall bear the direct cost of returning the goods.
We only accept returns of unopened, unused and sealed makeup.

General information on Returns
Please avoid wear or damage to the goods. If possible please send us the goods please with all accessories and original packaging back. Please use in each case, a suitable packaging to avoid damage during transport.
Please send the goods back but not unfree as an insured package. The postage costs if they are to be borne by us, we will refund you also like to advance.

4 Delivery, dispatch costs, transfer of risk
Deliveries will be made according to the dispatch costs indicated in each case. In the event that the customer is a consumer, we will in any case bear the risk of dispatch irrespective of the method of dispatch. If the customer is an entrepreneur, all risks pertaining to the dispatch will pass to the customer once we have handed over the goods to the contracted logistics service provider.

5 Payments
We will only accept the payment method indicated to the customer during placement of the order.

6 Warranty
The warranty is based on the statutory regulations.

7 Information for consumers regarding distance selling contracts and customer information regarding electronically executed commercial contracts
a) We are not subject to any code of conduct not specifically mentioned above.
b) You have the opportunity to identify any data input errors when conclusively confirming your order prior to sending your contractual declaration; such errors may be corrected by using the deletion and change function at any time prior to submitting the order.
c) The essential characteristics of the goods we offer and the validity period of limited offers are set out for you in the specific product descriptions listed on our website.
d) Contracts will be concluded exclusively in German.
e) Complaints and warranty claims may be forwarded to the address indicated in the service provider details.
f) We do not store the contract text and you, as the customer, cannot therefore retrieve it once the order procedure is completed. However, you can print out the contract text and save it using the “Print“ and “Save“ functions of your browser.
g) For information concerning payment, delivery and contractual performance, please read the offer.

8 Miscellaneous
The contractual arrangement between us and the customer and the respective terms and conditions of business are governed by the law of the Federal Republic of Germany. If the customer is a consumer, this agreement does not affect the applicable statutory consumer protection rules and regulations, prescribed by the law of that State in which the consumer has its usual domicile of residence and which may not be contravened by this agreement. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

9 Severability clause
If any provision of this contract is wholly or partially legally invalid, or becomes legally invalid at some time in the future, the remainder of the agreement will remain hereby unaffected.

Privacy Policy

updated: 01.05.2018

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the “controller“) for purposes of data protection law is:

Jens Dietzel
Meininger Str. 12
99092 Erfurt
Germany

Telephone: +49 (0)179 - 9495920
Email: info (@) dinair-deutschland.com

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controllers future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.  

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Order processing

The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data.

The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.

After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.

In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.

The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 

If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.

If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.

You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

„Alternatively, you can disable the future analysis of your website visit by Google Analytics, by "clicking" on the link below. By clicking on the link, a so-called "opt-out cookie" is configured, which means that the analysis of your visit to our site will be prevented in the future: Enable the "Opt-out Cookie" for Google Analytics! Please note that if you delete the cookies in your browser settings, this may also delete the opt-out cookie and its re-activation may become necessary.

Google AdWords with Conversion Tracking

Our website uses Google AdWords and conversion tracking. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.

We use conversion tracking to provide targeted promotion of our site. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

If you click on an ad placed by Google, the conversion tracking we use stores a cookie on your device. These so-called conversion cookies expire after 30 days and do not otherwise identify you personally.

If the cookie is still valid and you visit a specific page of our website, both we and Google can evaluate that you clicked on one of our ads placed on Google and that you were then forwarded to our website.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. In addition, we receive information about the number of users who clicked on our advertisement(s) as well as about the pages on our site that are subsequently visited. Neither we nor third parties who also use Google AdWords will be able to identify you from this conversion tracking.

You can also prevent or restrict the installation of cookies by making the appropriate settings in your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support.

In addition, Google provides further information with regard to its data protection practices at

https://services.google.com/sitestats/de.html

http://www.google.com/policies/technologies/ads/ 

http://www.google.de/policies/privacy/

in particular information on how you can prevent the use of your data.

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner