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Heike Loos

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Heike Loos

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About NemoBeads

Sales 411
On Etsy since 2015

Nemo Beads

Heike Loos
Diver since 1994
Underwater photography since 1995
Dental technician
Production of glass beads since 1994
self representing artist

Shop members

  • Heike Loos

    Owner

Shop policies

Last updated on May 19, 2022
Shop Name: Nemo-Beads
Imprint
Heike Loos
Frata 36
D-52465 Tar
Croatia
info [!at] uwphoto.de
Phone: 00385/91/2559255

E-mail: info [!at] uwphoto.de
For the out-of-court settlement of consumer disputes, the European Union has initiated an online platform ("ODR platform"): ec.europa.eu/consumers/odr
Note according to § 36 Abs. 1 VSBG: There is no willingness and no obligation to participate in dispute resolution proceedings before a consumer arbitration board.

TERMS
General Terms and Conditions of Sale and Delivery of Nemo Beads in Croatia.


1.0. General

1.1. Catalogues and price lists
All offers in the catalogues and price lists of Nemo Beads are non-binding and are subject to change by Nemo Beads without prior notice. In particular, Nemo Beads reserves the right to make price changes at any time as required.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the customer/orderer to submit an offer to conclude a purchase contract.
By clicking on the "Buy now" button, by e-mail, telephone, fax or other means of communication, the customer makes a binding offer to conclude a purchase contract (order) for the goods contained in the shopping cart.
The confirmation of receipt of the order by e-mail takes place immediately after sending the order, but does not constitute acceptance of the offer (order).
The purchase contract is concluded with the delivery of the goods.


2.0. Delivery

2.1. The risk of the sold item shall pass to the customer upon handover of the item by the transport service provider.

2.2. Delivery costs according to invoicing. Surcharges for express deliveries will be charged.

2.3. Delay in delivery
Non-compliance with the delivery period by Nemo Beads shall only entitle the Buyer to withdraw from the contract if the delivery has not taken place even after expiry of a reasonable grace period set in writing by the Buyer. Claims for damages of the buyer are excluded in this case. Unforeseen obstacles in manufacturing or distribution as a result of boycotts, lockouts or workers' uprisings, whether in its own company or at Nemo Beads' material suppliers or at transport companies, as well as mobilization and other cases of force majeure, as well as late receipt of raw materials, release Nemo Beads from compliance with the delivery deadline, without the Buyer having the right to withdraw from the contract due to the delay in delivery or any to make claims for damages.

2.4. Default of the Buyer
If the buyer is in default with the payment of the purchase price from a contract, Nemo Beads is entitled, in addition to the legal possibilities, to withhold the deliveries from other, already concluded contracts or to withdraw from these contracts.

2.5. Withdrawal and return



3.0. Prices

3.1. General
All prices are consumer prices in Euros excluding VAT (small business owners).
The prices at the time of the order apply.
The purchase price is due upon delivery of the goods, in the case of agreed advance payment at the same time as the advance payment request.

3.2. Terms of payment
a) The payment will be debited by credit card via Pay Pal.
b) Our invoices are payable in advance by bank transfer.
c) If the payment deadline is exceeded, all open items shall be deemed to have expired.
d) The buyer may not withhold payments due to complaints.
e) In the event of default in payment, the customer shall be charged all consequential costs as well as default interest from the 31st day after the invoice date.


4.0. Transfer of risk




5.0. Retention of title

Nemo Beads retains title to the delivered goods until full payment of all claims arising from the purchase contract.
The customer is obliged, as long as the ownership has not yet passed to him, to treat the purchased item with care.


6.0. Warranty

The customer first has the choice of whether the supplementary performance is to be carried out by repair or replacement. However, Nemo Beads is entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. A rectification shall be deemed to have failed with the unsuccessful second attempt, unless otherwise stated in particular by the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if Nemo Beads has refused the supplementary performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.
This does not affect any warranty claims of the customer against the manufacturer.
The customer can only assert claims for damages due to the defect if the supplementary performance has failed or Nemo Beads has refused the supplementary performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.


8.0. Buyer's Terms and Conditions

Nemo Beads does not accept any terms and conditions other than its own. The customer waives the right to assert his own terms and conditions.

9.0 Liability
Without prejudice to the following limitations of liability, Nemo Beads shall be liable without restriction for damage to life, body and health that is based on a negligent or intentional breach of duty by the legal representative or vicarious agents, as well as for damages covered by liability under the Product Liability Act as well as for all damages resulting from intentional or grossly negligent breaches of contract as well as malice of the legal representative or the Vicarious agents.
Nemo Beads is also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, Nemo Beads is only liable if the damage to the goods themselves has occurred directly and is typically linked to the contract and foreseeable; in particular, Nemo Beads is not liable for lost profits or other financial losses of the customer.
Nemo Beads shall not be liable for simple negligent breaches of non-essential contractual obligations.



11.0. Place of performance and jurisdiction

The place of performance for deliveries and payments as well as the place of jurisdiction for disputes for both parties is Porec (Croatia). The applicable substantive law is Croatian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.



Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Heike Loos, Frata 36, 52465 Tar, Croatia, info [!at] uwphoto.de) of your decision to withdraw from this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from 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 for this repayment. We may withhold reimbursement 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 immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Withdrawal form
If you want to cancel the contract, please fill out this form
and send it back.

At
.............................
.............................
.............................
.............................
(Name, address, if applicable fax number and e-mail address of the entrepreneur)
I/we hereby revoke the contract concluded by me/us for
the purchase of the following goods / the provision of the following service:
..............................................................................
..............................................................................
(Name of the goods, if applicable order number and price)
Goods ordered on:
.............................
Date
Goods received on:
.............................
Date
Name and address of the consumer


.............................
.............................
.............................
.............................
Date

....................................................
Signature customer
(only in case of written revocation)


Privacy policy

The following data protection declaration applies to the use of our online offer on [www.etsy.com/de/shop/NemoBeads] (hereinafter referred to as "website").
We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
1 Controller
Responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR is
Heike Loos
Frata 36
D-52465 Tar
Croatia
info [!at] uwphoto.de
If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the controller.
You can save and print this privacy policy at any time.
2 General purposes of processing
We use personal data for the purpose of selling our goods on the website.
3 What data we use and why
3.1 Data for the fulfilment of our contractual obligations
We process personal data that we need to fulfil our contractual obligations, such as name, address, e-mail address, ordered services, billing and payment data. The collection of this data is necessary for the conclusion of the contract.
The deletion of the data takes place after expiry of the warranty periods and statutory retention periods.
The legal basis for the processing of this data is Art. 6 para. 1 sentence 1 b) GDPR, because this data is required so that we can fulfill our contractual obligations to you.
3.2 E-mail contact
If you contact us (e.B via contact form or e-mail), we process your details to process the request and in the event that follow-up questions arise.
If the data processing is carried out for the implementation of pre-contractual measures that take place at your request or, if you are already our customer, for the execution of the contract, the legal basis for this data processing is Art. 6 para. 1 sentence 1 b) GDPR.
We only process further personal data if you consent to this (Art. 6 para. 1 sentence 1 a) GDPR) or if we have a legitimate interest in the processing of your data (Art. 6 para. 1 sentence 1 f) GDPR). A legitimate interest is, for .B, to respond to your e-mail.
4 Storage period
Unless specifically stated, we store personal data only for as long as is necessary to fulfil the purposes pursued.
In some cases, the legislator provides for the storage of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed otherwise and deleted after expiry of the statutory retention period.
5 Your rights as a data subject
Under applicable laws, you have various rights regarding your personal data. If you would like to assert these rights, please address your request by e-mail or by post with clear identification of your person to the address stated in section 1.
Below you will find an overview of your rights.
5.1 Right to confirmation and information
You have the right to clear information about the processing of your personal data.
In detail:
You have the right at any time to obtain confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to request free information from us about the personal data stored about you together with a copy of this data. Furthermore, there is a right to the following information:
1. the purposes of the processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
4. if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;
5. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data is not collected from you, all available information about the origin of the data;
8. the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for you.
If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer.
5.2 Right to rectification
You have the right to request that we correct and, if necessary, complete your personal data.
In detail:
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
5.3 Right to erasure ("right to be forgotten")
In a number of cases, we are obliged to delete personal data concerning you.
In detail:
In accordance with Article 17 (1) GDPR, you have the right to demand that we delete personal data concerning you without undue delay and we are obliged to delete personal data without undue delay if one of the following reasons applies:
1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based in accordance with Art. 6 para. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) GDPR, and there is no other legal basis for the processing.
3. You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
4. The personal data have been unlawfully processed.
5. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
6. The personal data have been collected in relation to information society services offered in accordance with Article 8(1) GDPR.
If we have made the personal data public and we are obliged to delete it in accordance with Article 17 (1) GDPR, we will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you have requested the deletion of all links to these personal data or copies or replications. of these personal data.
5.4 Right to restriction of processing
In a number of cases, you have the right to ask us to restrict the processing of your personal data.
In detail:
You have the right to request us to restrict processing if one of the following conditions is met:
1. the accuracy of the personal data is contested by you, for a period of time that allows us to verify the accuracy of the personal data,
2. the processing is unlawful and you have objected to the erasure of the personal data and have instead requested the restriction of the use of the personal data;
3. we no longer need the personal data for the purposes of the processing, but you need the data to assert, exercise or defend legal claims, or
4. You have objected to the processing pursuant to Article 21 (1) GDPR, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.
5.5 Right to data portability
You have the right to receive personal data concerning you in a machine-readable manner, to transmit it, or to have it transmitted by us.
In detail:
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from us, provided that:
1. the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 b) GDPR and
2. the processing is carried out by automated means.
When exercising your right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly by us to another controller, insofar as this is technically feasible.
5.6 Right to object
You have the right to object to lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing do not prevail.
In detail:
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 sentence 1 e) or f) GDPR; this also applies to profiling based on these provisions. We no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
5.7 Automated decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects against you or similarly significantly affects you.
Automated decision-making on the basis of the personal data collected does not take place.
5.8 Right to revoke consent under data protection law
You have the right to withdraw your consent to the processing of personal data at any time.
5.9 Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of your personal data is unlawful.
6 Data security
We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.
Your personal data will be transmitted to us in encrypted form. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission on the Internet (e.B. when communicating by e-mail) may have security gaps. A complete protection of the data against access by third parties is not possible.
To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we repeatedly adapt to the state of the art.
We also do not guarantee that our offer will be available at certain times; Disruptions, interruptions or failures cannot be ruled out. The servers we use are regularly carefully backed up.
7 Transfer of data to third parties, no data transfer to non-EU countries
In principle, we only use your personal data within our company.
If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transmission is necessary for the corresponding service.
If you pay by credit card via PayPal PayPal, we will transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") as part of payment processing. The transfer takes place in accordance with Art. 6 para. 1 sentence 1 b) GDPR and only to the extent necessary for payment processing.
In the event that we outsource certain parts of data processing ("Order Processing"), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

Accepted payment methods

Paypal Visa Mastercard American Express Apple Pay Sofort Giftcard
Accepts Etsy Gift Cards and Etsy Credits
Returns and exchanges
I gladly accept returns and exchanges
Contact me within: 14 days of delivery
Ship items back within: 21 days of delivery
I don't accept cancellations
But please contact me if you have any problems with your order.
The following items can't be returned or exchanged
Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
  • Custom or personalized orders
  • Perishable products (like food or flowers)
  • Digital downloads
  • Intimate items (for health/hygiene reasons)
  • Items on sale
Returns and exchange details
Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Heike Loos, Frata 36, 52465 Tar, Croatia, info [!at] uwphoto.de) of your decision to withdraw from this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from 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 for this repayment. We may withhold reimbursement 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 immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Withdrawal form
If you want to cancel the contract, please fill out this form
and send it back.

At
.............................
.............................
.............................
.............................
(Name, address, if applicable fax number and e-mail address of the entrepreneur)
I/we hereby revoke the contract concluded by me/us for
the purchase of the following goods / the provision of the following service:
..............................................................................
..............................................................................
(Name of the goods, if applicable order number and price)
Goods ordered on:
.............................
Date
Goods received on:
.............................
Date
Name and address of the consumer


.............................
.............................
.............................
.............................
Date

....................................................
Signature customer
(only in case of written revocation)
Payment
3.2. Terms of payment
a) The payment will be debited by credit card via Pay Pal.
b) Our invoices are payable in advance by bank transfer.
c) If the payment deadline is exceeded, all open items shall be deemed to have expired.
d) The buyer may not withhold payments due to complaints.
e) In the event of default in payment, the customer shall be charged all consequential costs as well as default interest from the 31st day after the invoice date
Shipping
Dispatch by registered mail of the Croatian Post.
Privacy
Shop Name: Nemo-Beads
Imprint
Heike Loos
Frata 36
D-52465 Tar
Croatia
info [!at] uwphoto.de
Phone: 00385/91/2559255

E-mail: info [!at] uwphoto.de
For the out-of-court settlement of consumer disputes, the European Union has initiated an online platform ("ODR platform"): ec.europa.eu/consumers/odr
Note according to § 36 Abs. 1 VSBG: There is no willingness and no obligation to participate in dispute resolution proceedings before a consumer arbitration board.

TERMS
General Terms and Conditions of Sale and Delivery of Nemo Beads in Croatia.


1.0. General

1.1. Catalogues and price lists
All offers in the catalogues and price lists of Nemo Beads are non-binding and are subject to change by Nemo Beads without prior notice. In particular, Nemo Beads reserves the right to make price changes at any time as required.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the customer/orderer to submit an offer to conclude a purchase contract.
By clicking on the "Buy now" button, by e-mail, telephone, fax or other means of communication, the customer makes a binding offer to conclude a purchase contract (order) for the goods contained in the shopping cart.
The confirmation of receipt of the order by e-mail takes place immediately after sending the order, but does not constitute acceptance of the offer (order).
The purchase contract is concluded with the delivery of the goods.


2.0. Delivery

2.1. The risk of the sold item shall pass to the customer upon handover of the item by the transport service provider.

2.2. Delivery costs according to invoicing. Surcharges for express deliveries will be charged.

2.3. Delay in delivery
Non-compliance with the delivery period by Nemo Beads shall only entitle the Buyer to withdraw from the contract if the delivery has not taken place even after expiry of a reasonable grace period set in writing by Nemo Beads. Claims for damages of the buyer are excluded in this case. Unforeseen obstacles in manufacturing or distribution as a result of boycotts, lockouts or workers' uprisings, whether in its own company or at Nemo Beads' material suppliers or at transport companies, as well as mobilization and other cases of force majeure, as well as late receipt of raw materials, release Nemo Beads from compliance with the delivery deadline, without the Buyer having the right to withdraw from the contract due to the delay in delivery or any to make claims for damages.

2.4. Default of the Buyer
If the buyer is in default with the payment of the purchase price from a contract, Nemo Beads is entitled, in addition to the legal possibilities, to withhold the deliveries from other, already concluded contracts or to withdraw from these contracts.

2.5. Withdrawal and return



3.0. Prices

3.1. General
All prices are final consumer prices in Euro including the applicable value added tax.
The prices at the time of the order apply.
The purchase price is due upon delivery of the goods, in the case of agreed advance payment at the same time as the advance payment request.

3.2. Terms of payment
a) The payment will be debited by credit card via Pay Pal.
b) Our invoices are payable in advance by bank transfer.
c) If the payment deadline is exceeded, all open items shall be deemed to have expired.
d) The buyer may not withhold payments due to complaints.
e) In the event of default in payment, the customer shall be charged all consequential costs as well as default interest from the 31st day after the invoice date.


4.0. Transfer of risk




5.0. Retention of title

Nemo Beads retains title to the delivered goods until full payment of all claims arising from the purchase contract.
The customer is obliged, as long as the ownership has not yet passed to him, to treat the purchased item with care.


6.0. Warranty

The customer first has the choice of whether the supplementary performance is to be carried out by repair or replacement. However, Nemo Beads is entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. A rectification shall be deemed to have failed with the unsuccessful second attempt, unless otherwise stated in particular by the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if Nemo Beads has refused the supplementary performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.
This does not affect any warranty claims of the customer against the manufacturer.
The customer can only assert claims for damages due to the defect if the supplementary performance has failed or Nemo Beads has refused the supplementary performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.


8.0. Buyer's Terms and Conditions

Nemo Beads does not accept any terms and conditions other than its own. The customer waives the right to assert his own terms and conditions.

9.0 Liability
Without prejudice to the following limitations of liability, Nemo Beads shall be liable without restriction for damage to life, body and health that is based on a negligent or intentional breach of duty by the legal representative or vicarious agents, as well as for damages covered by liability under the Product Liability Act as well as for all damages resulting from intentional or grossly negligent breaches of contract as well as malice of the legal representative or the Vicarious agents.
Nemo Beads is also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, Nemo Beads is only liable if the damage to the goods themselves has occurred directly and is typically linked to the contract and foreseeable; in particular, Nemo Beads is not liable for lost profits or other financial losses of the customer.
Nemo Beads shall not be liable for simple negligent breaches of non-essential contractual obligations.



11.0. Place of performance and jurisdiction

The place of performance for deliveries and payments as well as the place of jurisdiction for disputes for both parties is Porec (Croatia). The applicable substantive law is Croatian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.



Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Heike Loos, Frata 36, 52465 Tar, Croatia, info [!at] uwphoto.de) of your decision to withdraw from this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from 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 for this repayment. We may withhold reimbursement 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 immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Withdrawal form
If you want to cancel the contract, please fill out this form
and send it back.

At
.............................
.............................
.............................
.............................
(Name, address, if applicable fax number and e-mail address of the entrepreneur)
I/we hereby revoke the contract concluded by me/us for
the purchase of the following goods / the provision of the following service:
..............................................................................
..............................................................................
(Name of the goods, if applicable order number and price)
Goods ordered on:
.............................
Date
Goods received on:
.............................
Date
Name and address of the consumer


.............................
.............................
.............................
.............................
Date

....................................................
Signature customer
(only in case of written revocation)


Privacy policy

The following data protection declaration applies to the use of our online offer on [www.etsy.com/de/shop/NemoBeads] (hereinafter referred to as "website").
We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
1 Controller
Responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR is
Heike Loos
Frata 36
D-52465 Tar
Croatia
info [!at] uwphoto.de
If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the controller.
You can save and print this privacy policy at any time.
2 General purposes of processing
We use personal data for the purpose of selling our goods on the website.
3 What data we use and why
3.1 Data for the fulfilment of our contractual obligations
We process personal data that we need to fulfil our contractual obligations, such as name, address, e-mail address, ordered services, billing and payment data. The collection of this data is necessary for the conclusion of the contract.
The deletion of the data takes place after expiry of the warranty periods and statutory retention periods.
The legal basis for the processing of this data is Art. 6 para. 1 sentence 1 b) GDPR, because this data is required so that we can fulfill our contractual obligations to you.
3.2 E-mail contact
If you contact us (e.B via contact form or e-mail), we process your details to process the request and in the event that follow-up questions arise.
If the data processing is carried out for the implementation of pre-contractual measures that take place at your request or, if you are already our customer, for the execution of the contract, the legal basis for this data processing is Art. 6 para. 1 sentence 1 b) GDPR.
We only process further personal data if you consent to this (Art. 6 para. 1 sentence 1 a) GDPR) or if we have a legitimate interest in the processing of your data (Art. 6 para. 1 sentence 1 f) GDPR). A legitimate interest is, for .B, to respond to your e-mail.
4 Storage period
Unless specifically stated, we store personal data only for as long as is necessary to fulfil the purposes pursued.
In some cases, the legislator provides for the storage of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed otherwise and deleted after expiry of the statutory retention period.
5 Your rights as a data subject
Under applicable laws, you have various rights regarding your personal data. If you would like to assert these rights, please address your request by e-mail or by post with clear identification of your person to the address stated in section 1.
Below you will find an overview of your rights.
5.1 Right to confirmation and information
You have the right to clear information about the processing of your personal data.
In detail:
You have the right at any time to obtain confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to request free information from us about the personal data stored about you together with a copy of this data. Furthermore, there is a right to the following information:
1. the purposes of the processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
4. if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;
5. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data is not collected from you, all available information about the origin of the data;
8. the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for you.
If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer.
5.2 Right to rectification
You have the right to request that we correct and, if necessary, complete your personal data.
In detail:
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
5.3 Right to erasure ("right to be forgotten")
In a number of cases, we are obliged to delete personal data concerning you.
In detail:
In accordance with Article 17 (1) GDPR, you have the right to demand that we delete personal data concerning you without undue delay and we are obliged to delete personal data without undue delay if one of the following reasons applies:
1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based in accordance with Art. 6 para. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) GDPR, and there is no other legal basis for the processing.
3. You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
4. The personal data have been unlawfully processed.
5. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
6. The personal data have been collected in relation to information society services offered in accordance with Article 8(1) GDPR.
If we have made the personal data public and we are obliged to delete it in accordance with Article 17 (1) GDPR, we will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you have requested the deletion of all links to these personal data or copies or replications. of these personal data.
5.4 Right to restriction of processing
In a number of cases, you have the right to ask us to restrict the processing of your personal data.
In detail:
You have the right to request us to restrict processing if one of the following conditions is met:
1. the accuracy of the personal data is contested by you, for a period of time that allows us to verify the accuracy of the personal data,
2. the processing is unlawful and you have objected to the erasure of the personal data and have instead requested the restriction of the use of the personal data;
3. we no longer need the personal data for the purposes of the processing, but you need the data to assert, exercise or defend legal claims, or
4. You have objected to the processing pursuant to Article 21 (1) GDPR, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.
5.5 Right to data portability
You have the right to receive personal data concerning you in a machine-readable manner, to transmit it, or to have it transmitted by us.
In detail:
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from us, provided that:
1. the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 b) GDPR and
2. the processing is carried out by automated means.
When exercising your right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly by us to another controller, insofar as this is technically feasible.
5.6 Right to object
You have the right to object to lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing do not prevail.
In detail:
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 sentence 1 e) or f) GDPR; this also applies to profiling based on these provisions. We no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
5.7 Automated decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects against you or similarly significantly affects you.
Automated decision-making on the basis of the personal data collected does not take place.
5.8 Right to revoke consent under data protection law
You have the right to withdraw your consent to the processing of personal data at any time.
5.9 Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of your personal data is unlawful.
6 Data security
We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.
Your personal data will be transmitted to us in encrypted form. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission on the Internet (e.B. when communicating by e-mail) may have security gaps. A complete protection of the data against access by third parties is not possible.
To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we repeatedly adapt to the state of the art.
We also do not guarantee that our offer will be available at certain times; Disruptions, interruptions or failures cannot be ruled out. The servers we use are regularly carefully backed up.
7 Transfer of data to third parties, no data transfer to non-EU countries
In principle, we only use your personal data within our company.
If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transmission is necessary for the corresponding service.
If you pay by credit card via PayPal PayPal, we will transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") as part of payment processing. The transfer takes place in accordance with Art. 6 para. 1 sentence 1 b) GDPR and only to the extent necessary for payment processing.
In the event that we outsource certain parts of data processing ("Order Processing"), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

More information

Last updated on May 26, 2018
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