Conditions
General terms and conditions with customer information
Table of Contents
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scope
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conclusion of contract
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right of withdrawal
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Prices and terms of payment
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Delivery and shipping conditions
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retention of title
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Liability for defects (warranty)
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Applicable Law
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Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Dila Temel (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the seller in his goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
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by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.
2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal. If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process. If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
4.6 Payment by Invoice and Financing
In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account and installment purchase
as a payment option. Please note that purchase on account and installment purchase are only available for consumers and that the payment respectively
has to be made to Klarna.
invoice
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days.
The complete terms and conditions for purchase on account for deliveries to Germany can be found here and the complete terms and conditions for purchase on account for
Deliveries to Austria can be found here. The online shop does not charge a fee when purchasing on account with Klarna.
hire purchase
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount
(but at least €6.95) or under the conditions otherwise specified in the checkout. More information on hire purchase
including General Terms and Conditions and European Standard Consumer Credit Information see here. hire purchase
is only offered for Germany.
Privacy Notice
Klarna checks and evaluates your data and, if there is a legitimate interest and cause, exchanges data with other companies
and credit reporting agencies. Your personal information will be processed in accordance with the applicable data protection regulations and in accordance with the
Information in Klarna's data protection regulations for Germany /Austria treated.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
PRIVACY
Data protection
introduction
With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process for which purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both within the framework the provision of our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").
The terms used are not gender specific. As of October 27, 2021
Table of Contents
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introduction
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Responsible
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Overview of processing
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Relevant legal bases
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Safety measures
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Transmission of personal data
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Data processing in third countries
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deletion of data
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Use of cookies
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Business Achievements
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Providers and services used in the course of the business
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payment procedure
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Provision of the online offer and web hosting
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Newsletters and electronic notifications
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Web analysis, monitoring and optimization
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Online marketing
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Presence in social networks (social media)
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Plugins and embedded functions and content
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Modification and update of the privacy policy
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Rights of data subjects
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definitions of terms
Responsible
Dila Melez beauty salon Darler Heide 3
45891 Gelsenkirchen
Authorized persons: Dila Temel (Managing Director).
Email address: support@dilaskin.com.
Telephone: +49 (0) 209 38958668.
Overview of processing
The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
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Event data (Facebook) ("Event data" is data that can be transmitted by us to Facebook, e.g. via Facebook pixels (via apps or other means) and relates to people or their actions; Data includes, for example, information about visits to websites, interactions with content, functions, installation of apps, purchases of products, etc. The event data is processed in order to form target groups for content and advertising information (custom audiences); event data do not contain the actual content (such as comments written), no login information and no contact information (i.e. no names, e-mail addresses and telephone numbers).Event data will be deleted by Facebook after a maximum of two years formed target groups with the deletion of our Facebook account).
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Inventory data (e.g. names, addresses).
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Content data (e.g. entries in online forms).
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Contact information (e.g. email, telephone numbers).
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Meta/communication data (e.g. device information, IP addresses).
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Usage data (e.g. websites visited, interest in content, access times).
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Contract data (e.g. subject of the contract, term, customer category). Payment data (e.g. bank details, invoices, payment history).
Special Categories of Data
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Health data (Art. 9 Para. 1 GDPR).
Categories of data subjects
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business and contractual partners.
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Interested parties.
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Communication partner.
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Customers.
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Users (e.g. website visitors, users of online services).
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pupils/ students/ participants.
purposes of processing
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Provision of our online offer and user-friendliness. Conversion measurement (measurement of the effectiveness of marketing measures).
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office and organizational procedures.
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Direct marketing (e.g. by e-mail or post).
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Feedback (e.g. collecting feedback via online form).
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Marketing.
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Contact Requests and Communication.
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Profiles with user-related information (creating user profiles).
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remarketing.
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Range measurement (e.g. access statistics, recognition of returning visitors).
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Safety measures.
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Provision of contractual services and customer service.
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Management and response to inquiries.
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Target group formation (determination of target groups relevant for marketing purposes or other output of content).
Relevant legal bases
Below you will find an overview of the legal bases of the GDPR, on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are relevant in individual cases, we will inform you of them in the data protection declaration.
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Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The person concerned has given their consent to the processing of their personal data for a specific purpose or several specific purposes.
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Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. DSGVO) - The processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures, which are required at the request of the data subject take place.
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Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - The processing is necessary to fulfill a legal obligation to which the person responsible is subject.
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Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal Data require prevail.
National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (§ 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
Safety measures
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Shortening of the IP address: If IP addresses are processed by us or by the service providers and technologies used and the processing of a complete IP address is not necessary, the IP address will be shortened (also referred to as "IP masking"). The last two digits or the last part of the IP address after a point are removed or replaced by placeholders. The purpose of shortening the IP address is to prevent or make it much more difficult to identify a person based on their IP address.
SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.
Transmission of personal data
As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data can include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing within the framework of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies takes place, this is only done in accordance with the legal requirements.
Subject to express consent or contractually or legally required transmission, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, if there are certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, Information page of the EU Commission:https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
deletion of data
The data processed by us will be deleted in accordance with the legal requirements as soon as your consent to processing is revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data no longer applies or it is not required for the purpose).
If the data is not deleted because it is required for other, legally permissible purposes, its processing will be limited to these purposes. 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 or whose storage is required to assert
exercise or defense of legal claims or to protect the rights of another natural or legal person.
As part of our data protection information, we can provide users with further information on the deletion and storage of data that applies specifically to the respective processing.