General Terms and Conditions (GTC)
We have been since19.09.2021 Member of the "FairCommerce" initiative. Further information can be found atwww.haendlerbund.de/faircommerce. General Terms and Conditions and Customer Information/Privacy Policy I. General Terms and Conditions § 1 Basic provisions (1)The following terms and conditions apply to contracts that you conclude with us as a provider (Thomas Michael Müller)via the Internet platform eBay or CATCH by eBay. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to. (2)A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 Conclusion of the contract (1)The subject of the contract is the sale of goods, including digital content (data created and provided in digital form). (2)If an item is listed by us on eBay or CATCH by eBay, the activation of the offer page on eBay or CATCH by eBay constitutes a binding offer to conclude a contract under the conditions contained in the item page. (3)The contract is concluded via the various online purchasing functions (if offered on the respective item page) as follows:a) Purchase via the "Buy Now" function
After clicking the "Buy Now" button on the item page, you can log in to your existing eBay account or first create a new eBay account. In the next step you will reach the "Shipping to" query mask, in which your personal data has already been entered. You can select the payment method below.
If provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the "Shipping to" query form and select the payment method.
The order data will then be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as your payment method, you will either be taken to the order overview page on the eBay website or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to eBay, on the eBay website.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("Buy", "Pay Now" or similar term), you declare your legally binding acceptance of the offer, which means that the contract is concluded.
b) Purchase via the "Add to cart" function
By clicking the "Add to Cart" button on the item page, the goods intended for purchase are placed in the "Shopping Cart". The "shopping cart" will then be displayed to you. Alternatively, you can use the corresponding button (shopping cart symbol) in the navigation bar to access the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Checkout now" button in the shopping cart view, you can log in to your existing eBay account or first create a new eBay account. In the next step you will reach the "Shipping to" query mask, in which your personal data has already been entered. You can select the payment method below.
If provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the "Shipping to" query form and select the payment method.
The order data will then be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as your payment method, you will either be taken to the order overview page on the eBay website or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to eBay, on the eBay website.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("Buy", "Buy now", "Pay now" or similar designation), you declare your legally binding acceptance of the offer, which means that the contract is concluded.
c) Purchase via the "Bidding" function
With the "Bid" function, you can submit a bid within the period in which our offer can be accepted by bid ("offer period"), taking into account the bid increments ("increase increments") set by eBay. If we have set a minimum price, your bid must reach this minimum price in order to be considered.
After entering your bid amount ("Maximum Bid") and clicking the "Bid" button on the item page, you will log into your existing eBay account (or create a new eBay account).
On the following page you have the opportunity to check your bid again, change it (also using the "back" function of the Internet browser) or cancel the bid.
By submitting your bid using the "Confirm" button, you legally declare your acceptance of the offer.
The contract is concluded under the suspensive condition that your bid is the highest bid at the end of the offer period.
If another bidder submits a bid that exceeds your maximum bid before the end of the offer period, your lower bid will expire.
d) Purchase via the "Send price proposal" function
The "Send price suggestion" function gives you the opportunity to make us a counteroffer to the price shown on the item page.
After clicking the "Send price suggestion" button on the item page and logging into your existing eBay account or creating a new eBay account, you can enter your price suggestion on the following page and select how long your price suggestion should be valid.
After clicking the "Check price suggestion" button, you have the option of checking your price suggestion again on the following page, changing it (also using the "Edit price suggestion" function on the page) or canceling the price suggestion.
By sending your price proposal using the "Send price proposal" button, you are making a binding offer to us. You are bound to this price suggestion for up to two days depending on your selection.
The contract is concluded when we accept your price proposal within the validity period specified by you.
(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License to use digital content
(1)The digital content offered is protected by copyright. You will receive a license from the respective licensor for every digital content you purchase from us. The type and scope of the usage license result from the license conditions stated in the respective offer.
§ 4 Individually designed goods
(1)You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Our possible specifications regarding file formats must be observed.
(2)You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3)We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(4)If stated in the respective item description, we will send you a correction template, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and notifying us of any errors. We assume no liability for errors not complained about.
§ 5 Right of retention, retention of title
(1)You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2)The goods remain our property until the purchase price has been paid in full.
(3)If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory liability rights for defects apply.
(2)As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
(4)If you are an entrepreneur, the following warranty provisions apply:
a)Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
b)In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
c)The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.
§ 7 Choice of law
(1)German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2)The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information 1. Identity of the seller Thomas Michael Müller Fichtenstr. 10C 85659 Forstern Germany Telephone: +491701890088 Email: info@raw-designs.de We are willing, but not obliged, to take part in dispute resolution proceedings before consumer arbitration boards. 2. Information on the conclusion of the contract The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.). 3. Contract language, contract text storage 3.1. The contract language is German. 3.2. We do not save the complete contract text. Before sending the order, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email. 4. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 5. Prices and payment methods 5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed. 5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. If indicated in the online ordering process, you can also use Apple Pay and/or Google Pay as payment methods. 5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 6. Delivery conditions, provision 6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer. Unless a different deadline is specified in the respective offer or under the correspondingly designated button, the goods will be delivered within 3-5 days after conclusion of the contract (if an advance payment has been agreed, however, only after the time of your payment instruction). 6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your risk. 7. Statutory liability law for defects Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I). last updated: 10/22/2024
Privacy Policy Unless otherwise stated below, the provision of your personal data is neither required by law nor contractually, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided during subsequent processing operations. "Personal data" means any information relating to an identified or identifiable natural person. Responsible person Contact us if you wish. The person responsible for data processing is: Thomas Michael Müller, Fichtenstraße 10c, 85659 Forstern Germany, 01701890088, info@raw-designs.de
Collection, processing and transfer of personal data when placing orders
When you place an order, we only collect and process your personal data to the extent that this is 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 it will result in no contract being concluded. The processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The scope of data transmission is limited to a minimum.
Use of PayPal
We use the PayPal payment service from PayPal (Europe) S.à.r.l. on our website. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of being able to offer you payment via the payment service. By selecting and using payment via PayPal, the data required for payment processing will be transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
All PayPal transactions are subject to the PayPal Privacy Policy. You can find these athttps://www.paypal.com/de/webapps/mpp/ua/privacy-full
Using PayPal Plus
We use the PayPal Plus payment service from PayPal (Europe) S.à.r.l. on our website. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of being able to offer you payment via the payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal, the data required for payment processing will be transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right to obtain credit information based on mathematical and statistical procedures using credit agencies. For this purpose, PayPal sends the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of non-payment to make a balanced decision about the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your interests worthy of protection will be taken into account in accordance with the legal provisions. The data processing serves the purpose of checking your creditworthiness to initiate a contract. The processing is carried out on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in protecting against non-payment if PayPal makes advance payments.
For reasons arising from your particular situation, you have the right to object at any time to this processing of your personal data based on Article 6 Paragraph 1 Letter f of the GDPR by notifying PayPal.The provision of the data is necessary for the conclusion of the contract with the payment method you require. Failure to provide this means that the contract cannot be concluded using the payment method you have chosen.
Using Klarna payment options
We use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") on our website. By selecting and using payment via Klarna, the data required for payment processing will be transmitted to Klarna in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
Cookies can be stored here, which enable your browser to be recognized. The resulting data processing is carried out on the basis of Art. 6 Para. 1 lit. f GDPR due to our overriding legitimate interest in a customer-oriented offer of different payment methods.You have the right to object to this processing of personal data concerning you at any time for reasons relating to your particular situation.
"Pay Later" (invoice), "Pay Now" (payment by direct debit, credit card, instant transfer), "Financing" (installment purchase)
For individual payment methods such as "Pay Later" (invoice), "Pay Now" (payment by direct debit, credit card, instant transfer), "Financing" (installment purchase), Klarna reserves the right to obtain credit information based on mathematical-statistical procedures using credit agencies, if necessary.
For this purpose, Klarna transmits the personal data required for a credit check, such as first and last name, address, gender, email address, IP address as well as data relating to the order to a credit agency for the purpose of identity and creditworthiness checks and uses the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your interests worthy of protection will be taken into account in accordance with the legal provisions. The data processing serves the purpose of checking your creditworthiness to initiate a contract. The processing is carried out on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in protecting against non-payment if Klarna makes advance payments.For reasons arising from your particular situation, you have the right to object at any time to this processing of your personal data based on Article 6 Paragraph 1 Letter f of the GDPR by notifying Klarna.The provision of the data is necessary for the conclusion of the contract with the payment method you require. Failure to provide this means that the contract cannot be concluded using the payment method you have chosen.
Further information, in particular to which credit agencies Klarna passes on your personal data, can be found athttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.
General information about Klarna can be found at:https://www.klarna.com/de/. Your personal information will be used by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulationshttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacytreated.
Duration of storage
After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the deadline has expired, unless you have agreed to further processing and use.
Rights of the data subject
If the legal requirements are met, you are entitled to the following rights in accordance with Articles 15 to 20 of the GDPR: right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR, as well as to processing for the purpose of direct advertising.
Right to lodge a complaint with the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.
You can lodge a complaint with, among other things, the supervisory authority responsible for us, which you can reach using the following contact details:
Bavarian State Office for Data Protection Supervision (BayLDA)
Promenade 18
91522 Ansbach
Tel.: +49 981 1800930
Fax: +49 981 180093800
Email: poststelle@lda.bayern.de
Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 Letter f of the GDPR, you have the right to object to this processing at any time with future effect for reasons arising from your particular situation.
After an objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
last updated: October 22, 2024