About Us/ Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
About Us
Legal website operator identification:
Mineralien Gattinger GbR
Represented by the following partners: Daniela Gattinger, Ute Gattinger
Penzberger Str. 32
82402 Seeshaupt
Germany
Telephone: 088013950307
E-Mail: mail@happy-minerals.com
WhatsApp: 0171/7578633
VAT No.: DE 243267583
competent supervisory authority for audiovisual media services:
Bayerische Landeszentrale für neue Medien (BLM)
Heinrich-Lübke-Str. 27
81737 München
Internet: https://www.blm.de/
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
We are a member of the initiative „FairCommerce“ since 06.08.2015.
For more information, see: www.haendlerbund.de/faircommerce.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
To exercise your right of withdrawal, you must inform us (Mineralien Gattinger GbR, Penzberger Str. 32, 82402 Seeshaupt, Telephone number: 08801-3950307, E-Mail address: mail@happy-minerals.com) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Mineralien Gattinger GbR, Penzberger Str. 32, 82402 Seeshaupt, Email address: mail@happy-minerals.com :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Mineralien Gattinger GbR, Penzberger Str. 32, 82402 Seeshaupt, telephone number: 088013950307, e-mail address: mail@happy-minerals.com) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
Criteria for expiry
The right of withdrawal shall expire in the case of a contract for the supply of digital content, not on a tangible medium that obliges the consumer to pay a price if the consumer:
1. has expressly consented to the entrepreneur commencing performance of the contract before the end of the withdrawal period; and
2. has confirmed that he is aware that his right of withdrawal expires upon the commencement of the performance of the contract, and
3. the entrepreneur has provided the consumer with a confirmation of the contract on a durable medium within a reasonable period of time after the conclusion of the contract, but no later than when the digital content not on a tangible medium is made available:
which reproduces the content of the contract; and
stating that the consumer, prior to the performance of the contract, has expressly consented to the entrepreneur commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that, by consenting, he loses his right of withdrawal upon commencement of performance of the contract.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Mineralien Gattinger GbR, Penzberger Str. 32, 82402 Seeshaupt, e-mail address: mail@happy-minerals.com
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Mineralien Gattinger GbR) via the etsy Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) .
(2) If we set up an item vis-a-vis etsy, the activation of the supply-side domain at etsy encompasses the binding offer associated with the conclusion of a purchase contract under the conditions specified on the page associated with the item in question.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "shopping cart" using the appropriate buttons on the navigation bar and make changes there at any time. After selecting the payment method and selecting "proceed to checkout" or "pay with PayPal", personal information and payment data is entered. Finally, all of the order data is shown again on the order summary page.
If you use an instant payment system (e.g., PayPal or Sofort), you will first be forwarded to the website of the instant payment service provider. If you are forwarded to the website of the instant payment service provider, make the appropriate selection or entry of your data there.
Before submitting the order, you have the ability once more to review or change any information on the order summary page (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By sending the order via the corresponding button you make a legally binding declaration of the acceptance of the offer, which results in the contract conclusion.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.
(2)
Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive right of use limited in time to the period of use specified in the offer, in particular the permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the digital content that is subject of the contract or parts thereof, or to sublicense it either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way, or to make it available to third parties in any other way.
§ 4 Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are necessary for the customised designing of the products in question. This can also be done via e-mail, in which case it must be done in a prompt manner after the contract has been concluded. Any potential specifications issued by the supplier regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from us, which you should check in a prompt manner. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) If we notify you of this prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Mineralien Gattinger GbR
Penzberger Str. 32
82402 Seeshaupt
Germany
Telephone: 088013950307
E-Mail: mail@happy-minerals.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions, Provision
6.1 The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and conditions of the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 22.10.2024
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The person responsible for data processing is: Daniela Gattinger, Penzberger Str. 32, 82402 Seeshaupt Deutschland, 01717578633, dagatty@icloud.com
WhatsApp Business
If you communicate with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited for this (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you have your residence outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The purpose of the data processing is to handle and respond to your contact request. For this purpose we collect and process your mobile phone number registered with WhatsApp and, if provided, your name and additional data to the extent provided by you. We use a mobile device for the service, the address book of which stores exclusively the data of users who have contacted us via WhatsApp. Disclosure of personal data to WhatsApp shall not take place unless you have already consented to this with respect to WhatsApp.
Your data are transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA.
Your data may be transferred to third countries such as the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in providing quick and easy communication as well as responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your personal data to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
For more information on terms of service and privacy when using WhatsApp, please visit https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
All PayPal transactions are subject to PayPal Privacy Policy. You can find these at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Use of PayPal Plus
On our website we use the PayPal Plus payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal, the data required for payment processing is transmitted to PayPal in order to enable us to fulfil the contract with you by means of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right, if necessary, to obtain a credit report on the basis of mathematical-statistical procedures using credit reporting agencies. For this purpose, PayPal transmits the personal data required for credit assessment to a credit agency and uses the obtained information on the statistical probability of a payment default in order to reach a reasonable decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for contract initiation. The processing is carried out on the basis of art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if PayPal pays in advance.
For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.
Use of Klarna payment options
On our website we use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"). By selecting and using payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase)
For individual payment methods such as ‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase), Klarna reserves the right to obtain credit information based on mathematical-statistical procedures using credit agencies.
For this purpose, Klarna transmits the personal data required for a credit assessment, such as first and last name, address, gender, email address, IP address and data related to the order to a credit agency for the purpose of checking the identity and creditworthiness and uses the obtained information on the statistical probability of a payment default in order to reach a well-considered decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit asessment for contract initiation. The processing is carried out on the basis of art. 6 Par. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Klarna pays in advance. For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR by notifying Klarna. The provision of the data is necessary for the conclusion of the contract by means of the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method of your choice.
Further information, in particular on the credit agencies to which Klarna passes on your personal data, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.
For general information about Klarna, please visit: https://www.klarna.com/de/. Your personal information will be handled by Klarna in accordance with applicable data protection regulations and as specified in Klarna's Privacy Policy which is available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach
Tel.: +49 981 1800930
Fax: +49 981 180093800
E-Mail: poststelle@lda.bayern.de
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 22.10.2024
