IMPRINT / CANCELLATION POLICY / CANCELLATION FORM /
TERMS AND CONDITIONS / PRIVACY POLICY
Imprint
Legal provider identification:
O’Milo is a registered trademark of
Apartefacts GmbH
Genslerstr. 13
13055 Berlin
Germany
Represented by managing director Roman Kraft
Phone: +4915787839044
Email: hello@o-milo.com
VAT ID: DE356148682
Registered in the Commercial Register of the District Court of Charlottenburg (Berlin)
Commercial Register Number: HRB 245642
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
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Withdrawal Rights for Consumers
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
Cancellation Instructions
You can cancel this contract within 14 days without giving a reason. This 14-day period starts from:
- The day you or someone you trust (but not the delivery person) gets the goods, if you ordered them all together.
- The day you or someone you trust (but not the delivery person) gets the last item if you ordered multiple things separately.
- The day you or someone you trust (but not the delivery person) gets the last part or piece if your order arrives in separate parts or pieces.
To cancel, just tell us (Apartefacts GmbH, Genslerstr. 13, 13055 Berlin, Phone: +4915787839044, Email: hello@o-milo.com) clearly and simply. You can write us a letter or send an email. You don't have to use a special form.
Just make sure you let us know before the 14 days are up!
Consequences of Cancellation
If you decide to cancel this contract, here's what will happen:
- We will refund all the payments you made, including the delivery costs (except for any extra costs due to a different delivery method you chose), and we'll do this promptly, within 14 days from the day we receive your cancellation notice.
- We will use the same payment method you used when making the original transaction, unless we've explicitly agreed otherwise. Rest assured, you won't incur any fees for this refund.
- However, we may withhold the refund until we have received the returned goods, or you provide proof of having sent them back, whichever occurs earlier.
- You must return the goods to us without undue delay and, in any event, not later than 14 days from the day you informed us of your decision to cancel this contract. You will be responsible for covering the direct costs associated with returning the goods.
- You are only liable for any diminished value of the goods if such diminished value results from handling of the goods beyond what is necessary to establish their nature, characteristics, and functioning.
It's important to note that there are situations where your right to cancel may not apply, such as when:
- The goods are custom-made or tailored to your personal needs.
- The goods are perishable or have a short shelf life.
- You've agreed to the delivery of alcoholic beverages, with the price agreed upon at the time of the contract, but the delivery cannot occur within 30 days, and the value of the goods depends on market fluctuations.
- You've purchased newspapers, periodicals, or magazines, except in the case of subscription contracts.
Additionally, your right to cancel may expire prematurely in certain situations, including:
- When you've opened sealed goods that are not suitable for return due to health protection or hygiene reasons.
- When goods have been mixed with other items making them inseparable.
- When sealed sound, video recordings, or computer software have been opened after delivery.
Sample Cancellation Form
(If you want to cancel the contract, please fill out this form and send it back.)
- Apartefacts GmbH, Genslerstr. 13, 13055 Berlin, Phone: +4915787839044, Email: hello@o-milo.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- ordered on (*)/ received on (*)
- name of consumer(s)
- address of consumer(s)
- signature of consumer(s) (only if notification is on paper)
- Date
(*) Delete where not applicable.
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General Terms and Conditions and Customer Information / Privacy Policy
I. General Terms and Conditions
§1 Basic Provisions
(1) These terms and conditions apply to all contracts you enter into with us, Apartefacts GmbH, through the internet platform Etsy, unless we have specifically agreed otherwise. Any terms you may have will not be considered unless explicitly agreed upon.
(2) In the context of these regulations:
- A "consumer" refers to any individual who enters into a legal transaction for purposes primarily unrelated to their commercial or self-employed professional activities.
- An "entrepreneur" refers to any individual, legal entity, or partnership with legal capacity that, when entering into a legal transaction, does so within the scope of their independent professional or commercial activities.
§2 Contract Formation
(1) Our contracts pertain to the sale of goods.
(2) When you purchase an item from us through Etsy, the activation of the offer page on Etsy constitutes a binding offer to enter into a contract under the terms specified on the product page.
(3) The contract is established using the online shopping cart system as follows:
3.1. You add the desired items to your "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make modifications at any time.
3.2. After selecting your payment method and proceeding to the "Checkout" or "Pay with PayPal" page, you provide your personal information and payment details.
3.3. The order details are then displayed once again on the order summary page.
If you choose an instant payment method (e.g., PayPal or Sofort), you will be directed to the website of the instant payment provider. On that page, you can select the appropriate option and enter your details. Afterwards, you will be redirected back to Etsy's order summary page.
Before submitting your order, you have the option to review all information on the order summary page, make changes (including using the browser's "back" function), or cancel your purchase.
By submitting your order via the corresponding button, you are legally binding yourself to the offer and concluding the contract.
(4) The order processing and the transmission of all necessary information related to the contract conclusion occur via email, and in some cases, are automated. Therefore, it is essential that you provide us with a correct email address, ensure the receipt of emails is technically feasible, and make sure your email service does not filter our emails as spam.
§3 Right of Retention and Retention of Title
(1) You can only exercise a right of retention in cases related to claims arising from the same contract.
(2) The goods will remain our property until the full purchase price has been paid.
§4 Warranty
(1) Statutory warranty rights are applicable.
(2) As a consumer, you are required to promptly inspect the goods upon delivery for completeness, evident defects, and any transportation damage. If you fail to do so, it will not affect your statutory warranty rights.
(3) If a characteristic of the goods differs from the specified requirements, this deviation is only considered agreed upon if we informed you of it before you submitted your contract declaration, and the deviation was expressly and separately agreed upon by both parties involved in the contract.
§5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law is applicable. However, for consumers, this choice of law only applies if it does not deprive you of the protection afforded by mandatory provisions of your country of habitual residence (principle of favorability).
(2) Our registered office serves as the place of performance for all services resulting from our business relationship. Additionally, our registered office is the place of jurisdiction if you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. This also applies if you lack a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the claim is filed. The right to take legal action in a different legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are explicitly not applicable.
II. Customer information
(1) Seller's Information
Apartefacts GmbH
Genslerstr. 13
13055 Berlin
Germany
Phone: +4915787839044
Email: hello@o-milo.com
Alternative Dispute Resolution:
The European Commission offers an online platform for resolving disputes without going to court (Online Dispute Resolution or ODR platform), which can be accessed at https://ec.europa.eu/odr.
(2) Contract Conclusion Information
The technical steps, contract conclusion, and correction options adhere to the "Conclusion of the Contract" outlined in our General Terms and Conditions (Part I).
(3) Language of the Contract and Contract Text Storage
3.1. The contract is in German.
3.2. We do not save the complete contract text. Before submitting your order, you can print or electronically save the contract data using your browser's print function. After receiving your order, we will send you the order data, the legally required distance contract information, and the General Terms and Conditions by email.
(4) Key Features of Goods or Services
The main features of the goods and/or services are provided in the respective offer.
(5) Prices and Payment Terms
5.1. The prices in the offers and shipping costs represent total prices, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. You can view them by clicking on the designated button on our website or in the specific offer. They will be displayed separately during the ordering process and are your responsibility unless free delivery was promised.
5.3. For deliveries to countries outside the European Union, additional costs such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) may be incurred, which you must cover.
5.4. If delivery is made to an EU member state but payment was made outside the European Union, you must cover the costs of money transfer (bank transfer or exchange rate fees).
5.5. Available payment methods are listed under the designated button on our website or in the specific offer.
5.6. Unless otherwise specified for individual payment methods, payment for the concluded contract is due immediately.
(6) Delivery Terms
6.1. Delivery conditions, delivery dates, and any restrictions can be found under the designated button on our website or in the specific offer. Unless otherwise indicated in the offer or under the corresponding button, goods will be delivered within 3-5 days after contract conclusion (or after your payment instruction if advance payment is agreed).
6.2. If you are a consumer, according to legal regulations, the risk of accidental loss or damage to the purchased item during shipment transfers to you when the goods are handed over, whether or not the shipment is insured. This does not apply if you have independently contracted a transport company not specified by the seller or another person for the shipment.
(7) Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
III Data Protection Declaration
Unless otherwise stated below, providing your personal data is neither legally nor contractually required, nor is it necessary for the conclusion of a contract. You are not obligated to provide this data, and failing to do so will not have any consequences. This applies only if no further details are provided in subsequent processing steps. "Personal data" refers to any information concerning an identified or identifiable natural person.
Data Controller
If you wish to contact us, the data controller responsible for processing your data is:
Apartefacts GmbH
Genslerstr. 13
13055 Berlin
Germany
Phone: +4915787839044
Email: hello@o-milo.com
Collection, Processing, and Disclosure of Personal Data When Placing Orders
When you place an order, we collect and process your personal data only to the extent necessary to fulfill and process your order, as well as to handle your inquiries. Providing this data is necessary to conclude the contract. Failure to provide the required data means that a contract cannot be formed. The processing of your data is based on Article 6, Paragraph 1, lit. b of the General Data Protection Regulation (GDPR) and is necessary to fulfill a contract with you.
Your data may be shared with shipping companies, dropshipping providers, payment service providers, order processing service providers, and IT service providers that you have chosen. In all cases, we strictly adhere to legal requirements, and the amount of data shared is kept to a minimum.
Merchandise Management
Use of an External Merchandise Management System
As part of order processing, we use a merchandise management system. Your personal data collected during the ordering process may be transmitted to:
Billbee GmbH
Arolser Str. 10
34477 Twistetal
This is done to facilitate contract processing.
Using PayPal
We offer the PayPal payment service provided by PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The processing of your data is carried out to facilitate payment via the PayPal service. When you choose and use PayPal as your payment method, the necessary data for payment processing is transmitted to PayPal to fulfill the contract with you using the selected payment method. This processing is based on Article 6, Paragraph 1, Letter b of the General Data Protection Regulation (GDPR).
All PayPal transactions are subject to PayPal's Privacy Policy, which you can find at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Using PayPal Plus
We offer the PayPal Plus payment service provided by PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The processing of your data is carried out to facilitate payment via the PayPal Plus service. When you choose and use PayPal Plus as your payment method, including credit card via PayPal and direct debit via PayPal, the necessary data for payment processing is transmitted to PayPal to fulfill the contract with you using the selected payment method. This processing is based on Article 6, Paragraph 1, Letter b of the General Data Protection Regulation (GDPR).
For certain payment methods within PayPal Plus, such as credit card via PayPal and direct debit via PayPal, PayPal reserves the right to obtain creditworthiness information through mathematical-statistical procedures from credit agencies. To do this, PayPal will transmit the personal data required for a credit check to a credit agency and use the information received, including statistical probability of non-payment, to make an informed decision regarding the establishment, execution, or termination of the contractual relationship. The credit report may include probability values (score values) calculated based on scientifically recognised mathematical-statistical methods, which may include address data. Your concerns will be taken into account in accordance with legal provisions. The data processing serves the purpose of a credit check to initiate a contract. This processing is carried out based on Article 6, Paragraph 1, Letter f of the GDPR due to our legitimate interest in protecting against non-payment in case PayPal provides an advance payment.
You have the right to object to this processing based on Article 6, Paragraph 1, Letter f of the GDPR at any time for reasons arising from your particular situation. You can object to the processing of your personal data by notifying PayPal. Providing your data is necessary to conclude the contract with your chosen payment method. Failure to provide this data means that the contract cannot be concluded using your selected payment method.
Data Retention Duration
After the contract has been fulfilled, your data will initially be stored for the duration of the warranty period. Following that, it will be retained in accordance with legal requirements, including tax and commercial laws. Subsequently, your data will be deleted after the prescribed retention period has expired, unless you have provided consent for further processing and use.
Rights of the Data Subject
If the legal conditions are met, you have the following rights under Articles 15 to 20 of the General Data Protection Regulation (GDPR):
1. Right to information
2. Right to correction
3. Right to deletion
4. Right to restriction of processing
5. Right to data portability
Additionally, according to Article 21, Paragraph 1 of the GDPR, you have the right to object to processing based on Article 6, Paragraph 1, Letter f of the GDPR and to processing for direct marketing purposes.
Right to Lodge a Complaint with the Supervisory Authority:
Under Article 77 of the GDPR, you have the right to file a complaint with the supervisory authority if you believe that your personal data is being processed unlawfully. You can submit a complaint to the supervisory authority responsible for us, whose contact details are as follows:
Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219
Visitor entrance: Puttkamerstr. 16 – 18 (5th floor)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
Email: mailbox@datenschutz-berlin.de
Right to Object
If the processing of personal data mentioned 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 for reasons arising from your particular situation. After an objection has been raised, the processing of the relevant data will cease unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms, or if the processing is necessary for the establishment, exercise, or defense of legal claims.
Reviewed: December 01, 2023.
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