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GENERAL TERMS AND CONDITIONS
SEC. 7 CONTAINS FURTHER INFORMATION REGARDING DATA PROTECTION
Sec. 1 Contractual Partner
PUMA Europe GmbH (PUMA Way 1, 91074 Herzogenaurach, Germany) is, within the framework of our offer, the contractual partner of the customer with respect to sales contracts concluded on the eBay platform.
Sec. 2 Conclusion of Contract, Contract Language and Storage of the Contract Text
Our offers which can be accessed by the customer on the eBay platform are binding and can be accepted by the customer by means of the "buy it now" option. The contract is hence concluded by clicking on the "buy it now" button and then completing the directly following payment process. The customer can also accept offers for several articles by putting them into the shopping basket (if available) and concluding the directly following payment process.
Apart from that, the general terms and conditions of eBay GmbH shall apply, in particular Sec. 6 which can be accessed via the following link: https://pages.ebay.co.uk/help/policies/user-agreement.html
The contractual language is English.
We will store the contract text for a period of three years. Following the conclusion of the order process, the customer will receive an email containing the contract text. The customer will not be granted access to the contract text in any other way.
Sec. 3 Shipping Costs
From an order value of EUR 25.00, we deliver free of charge; for orders below this value we charge EUR 4.95 per order.
Sec. 4 Payment
All prices indicated for goods offered on the eBay platform include the respectively applicable statutory VAT.
The customer can pay via PayPal.
Sec. 5 Voluntary Right of Return
PUMA grants an additional voluntary right of return independent of your statutory right of revocation meaning that, if the goods are complete, unused and undamaged, you can return products bought on the eBay platform to us free of charge within 30 days following receipt of the goods without stating reasons; please use the return shipping label provided to you for this purpose. To comply with the time limit, a timely dispatch shall be sufficient.
Please address returns to:
ITG GmbH
Eichenstraße 10A / Tor 12
85445 Oberding
Germany
For the repayment we use the same payment method which you chose for the original transaction; on no account will we charge any fees for the repayment. We are entitled to refuse repayment until we have received the returned goods or until you have provided proof that you have dispatched the goods, whichever is the earlier date.
Your statutory rights and claims, in particular your statutory right of revocation, shall remain unaffected by the right of return voluntarily granted by us.
Please use the return shipping label provided to you in order to return the good free of charge; there is no legal obligation to do so and a non-compliance will not entail any disadvantages for you.
If your delivery does not contain a return shipping label or if it is damaged, please contact our customer service under (+49) 030-22 38 99 33 or by email (ebay@puma.com).
Should you choose another method of delivery to return the goods, you bear the respective costs yourself.
Sec. 6 Warranty
The warranty is subject to the statutory provisions without restrictions.
Sec. 7 Data Protection
1. Information on the collection of personal data and contact details of the data controller
1.1 We are happy that you choose to browse our page on eBay ("Website"). Please find below information on how your personal data is treated if you use the Website. The term personal data refers to all data with which you can be identified personally.
1.2 PUMA Europe GmbH (PUMA Way 1, 91074 Herzogenaurach, Germany) is the data controller for the processing of data within the framework of our offer on this Website and within the meaning of the General Data Protection Regulation (GDPR). The data controller for the processing of personal data is the natural person or legal entity that decides alone or jointly with others on the purposes and means of the processing of personal data.
1.3 You can contact the data controller for the processing of data as follows:
PUMA Europe GmbH
PUMA Way 1
91074 Herzogenaurach
Germany
Email: privacy-support@puma.com
1.4 You can contact our data protection officer as follows:
Data Protection Officer
PUMA Europe GmbH
PUMA Way 1
91074 Herzogenaurach
Email: datenschutz@puma.com
2. Contacting Us
When contacting us (e.g. via the contact form or by email), personal data is collected; the contact form shows which data is collected exactly. We will only store and use such data to reply to your requests or to contact you as well as for the related technical administration. The legal basis for the processing of your data is our legitimate interest in replying to your requests pursuant to Art. 6 para. 1 lit. f GDPR. If you contact us in order to conclude a contract, Art. 6 para. 1 lit. b GDPR constitutes an additional legal basis. We will erase your data following the completion of your request; this is the case if the circumstances suggest that the respective subject-matter of your request has been fully clarified and if no statutory duties to retain records oppose such erasure.
3. Data Processing for the Order Processing
3.1 We involve third-party service providers in order to process your order; they support us with the performance (in full or in part) of contracts concluded. Certain personal data is transmitted to such service providers subject to the following information.
3.2. Within the framework of the order processing, the personal data collected by us will be forwarded to our forwarding agency as required to effect delivery of the goods. Within the framework of the payment processing, we will forward your payment data to the credit institution instructed by us or the payment service provider chosen by you as required for the processing of the payment. In this context, the legal basis for the disclosure of data is Art. 6 para. 1 lit. b GDPR.
4. Rights of the Data Subject
4.1 The applicable data protection law provides for comprehensive rights of the data subjects vis-à-vis the data controller with respect to the processing of their personal data (rights of access and intervention), i.e.
*right of access pursuant to Art. 15 GDPR;
*right to rectification pursuant to Art. 16 GDPR;
*right to erasure pursuant to Art. 17 GDPR;
*right to restrict the processing pursuant to Art. 18 GDPR;
*right to notification pursuant to Art. 19 GDPR;
*right to data portability pursuant to Art. 20 GDPR;
*right to withdraw a consent pursuant to Art. 7 para. 3 GDPR;
*right to lodge a complaint pursuant to Art. 77 GDPR.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS AS OUR LEGITIMATE INTEREST IS PREDOMINANT, YOU MAY AT ANY TIME OBJECT TO THE FUTURE PROCESSING OF YOUR DATA FOR REASONS RELATED TO YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RESPECTIVE DATA. WE RESERVE, HOWEVER, THE RIGHT TO FURTHER PROCESS YOUR DATA IF WE CAN PROVIDE PROOF OF MANDATORY REASONS FOR THE PROCESSING WORTHY OF PROTECTION WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS OR IF THE PROCESSING SERVES THE PURPOSE OF ENFORCING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU MAY OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES AT ANY TIME.
YOU MAY EXERCISE THIS RIGHT TO OBJECT AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RESPECTIVE DATA FOR DIRECT MARKETING PURPOSES.
5. Period of Storage of Personal Data
The period for which personal data is stored is subject to the respective statutory retention periods (e.g. retention periods set forth by trade or tax law). After the expiry of such period, the respective data is erased as a matter of routine if it is no longer required for the performance or conclusion of the contract and/or if we no longer have a legitimate interest to continue the storage.
6. Reference to eBay's Privacy Policy
The platform eBay is the responsible with respect to any other processing of data beyond the above-specified scope. For further information regarding data protection on the part of eBay, please refer to eBay's data protection statement:
http://pages.ebay.de/help/policies/privacy-policy.html?rt=nc
Sec. 8 Applicable Law
The laws of the Federal Republic of Germany shall apply without giving effect to the UN Convention on the International Sale of Goods (CISG). The statutory provisions regarding a restriction of the choice of law and applicability of mandatory provisions, in particular of the state in which the customer as the consumer has his/her habitual place of residence, shall remain unaffected.
Sec. 9 Statutory right of revocation
Notice of revocation
Right of revocation
You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of revocation, you must inform us
PUMA Online Shop, Customer Service, P.O. Box 21 04 44, D-50530 Cologne, Germany
Phone: +49 (0) 30 21 78 22 60, E-Mail: service@puma.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model revocation form, but it is not obligatory. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.
Effects of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to
PUMA Online Shop
Eichenstrasse 10A / Tor 12
D-85445 Oberding, Germany
without undue delay and in any event not later than 14 days from the day on which you communicate your revocation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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Model Revocation Form
To:
PUMA Online Shop, Customer Service, P.O. Box 21 04 44, D-50530 Cologne, Germany
Phone: +49 (0) 30 21 78 22 60, E-Mail: service@puma.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service:
- Ordered on (*) / Received on (*)
- Name of consumer(s):
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate
