Data Protection and Right of Revocation
Data Protection NoticeKings Road Merch GmbH, Marsbruchstrasse 133, 44287 Dortmund - Germany
Art. 1 General
Your personal data (e.g. title, name, address, email address, telephone number, bank account, credit card number) are processed by us only in compliance with the provisions of German data protection law. The following provisions are intended to inform you of the nature, scope and purpose of recording, processing and utilization of personal data. This Data Protection Notice is valid for our websites only. If you go to other websites via links provided on our web pages, please inform yourself on the other websites as to how your data is handled there.
Art. 2 Automatic Data Recording
For technical reasons, the following data, inter alia, which is sent to us by your Internet browser, is recorded:
- Browser type and version
- Operating system used
- Website from which you are visiting us (referrer URL)
- Website you are visiting
- Date and time of your access
- Your Internet Protocol (IP) address.
This anonymous data is stored separately from any personal data with which you may provide us and therefore allows no identification of a certain person. It is evaluated for statistical purposes in order to assist us in optimizing our Internet presence and our offers. After evaluation, this data is deleted.
Art. 3 Master Data
Your personal data, insofar as such data is needed for the establishment, contentual detailing or amendment of the contractual relationship between us (master data), is used exclusively for purposes of contract handling and implementation. Thus, for example, your name and address must be passed on to the goods supplier to enable delivery of the goods. Your personal data will not be passed on to any third party not involved in the order implementation process except with your express consent or on the strength of statutory regulations.
We may, in individual cases and on the orders of the competent authorities, provide information on master data insofar as this is necessary for purposes of criminal prosecution or to enable the police authorities of the federal states to avert danger or for use in fulfilment of their statutory duties by the federal or state intelligence services, the German counter-intelligence service or the military counter-intelligence services or for the assertion of rights to intellectual property.
Art. 4 Utilization Data
Your personal data which is necessary to enable use of and billing for our offers (utilization data) is used for contract handling and implementation. Utilization data includes in particular the characteristics for your identification, information on the start and end and scope of the respective use, and information on the teleservices used by you. We may pass on utilization data for billing purposes (so-called billing data) to other suppliers or third parties provided such passing-on is necessary for the purpose of settling accounts with the user. After settlement in full of our claim to payment, the said utilization and billing data will be deleted. Instead of deletion, the data will be blocked if and insofar as preservation periods defined in the law, our statutes or contractual agreements stand in the way of deletion.
We may, in individual cases and on the orders of the competent authorities, provide information on utilization data insofar as this is necessary for purposes of criminal prosecution or to enable the police authorities of the federal states to avert danger or for use in fulfilment of their statutory duties by the federal or state intelligence services, the German counter-intelligence service or the military counter-intelligence services or for the assertion of rights to intellectual property.
Art. 5 Information on Cookies
So-called cookies are used for the recognition of repeated use of our Internet offering by the same user. Cookies are small text files which your Internet browser lodges and stores on your computer. If you access our website once more, the cookies release information which enable you to be automatically recognized. Such recognition takes place on the basis of your IP address stored in the cookies. The information so acquired has the purpose of enabling us to optimize our offering and provide you with easier access to our website.
To ensure friction-free ordering and functioning on our website, cookies must be accepted by your browser. You can prevent the storage of cookies on your hard disk by selecting the “Accept no cookies” setting on your browser. This may, however, have a detrimental effect on functionalities of our website.
Art. 6 Information
By phoning +49 (0) 231 496694-0, you will be informed, on your request, of the data stored by us concerning your person or your pseudonym. You can also ask questions by writing to the following email address: email@example.com.
Revocation of Order
Art. 1 Revocation Notice, Right of Revocation
As a consumer, you have the right to revoke your contractual declaration within a period of two weeks, without giving reasons, either in writing (e.g. by letter, fax, email) or - if you are already in receipt of the item concerned before the end of the said period - by returning the item. The period will begin on receipt of this revocation notice in written form, though not before receipt of the goods by the consignee (or in the case of recurring deliveries of goods of the same kind, not before receipt of the first part-delivery) and also not before fulfilment of our duties to inform pursuant to Section 246c (2) in conjunction with (1) Sections 1 and 2 EDBGB [Introductory Act to the German Civil Code] and also our duties pursuant to Section 312e (1) Sentence 1 BGB in conjunction with Section 246 (3) EGBGB. The deadline for exercising the right of revocation is met if the written revocation or the goods are dispatched in good time. The revocation must be addressed to:
Kings Road Merch GmbH
44287 Dortmund – Germany
or by email to: firstname.lastname@example.org
or by fax to: +49 (0) 231 496694 44
Art. 2 Effects of Revocation
In the case of effective revocation, the performance received by each party must be returned to the other party, together with any benefit gained (e.g. interest). If you are unable to return all or part of the performance received or are able to return it only in impaired condition, you must compensate us for the loss of value. Where physical goods have been supplied, no compensation is payable if the impairment in the condition is merely the result of inspection of the item - e.g. such as would have been possible in a normal shop. You can, of course, also avoid the duty to pay compensation for impairment caused by using the goods for their intended purpose by not taking the goods into use as if they were your own property and avoiding doing anything that could diminish their value. Items that are able to be sent by parcel post must be returned to us for our risk. The costs of return delivery must be borne by you if the delivered goods are in conformity with those ordered and if the price of the goods being returned does not exceed a sum of €40.00 or if, in the case of higher-priced articles, you had not yet effected counter-performance or a contractually agreed part-payment at the time of revocation. In all other cases, return of the goods is cost-free for you. Items which cannot be sent by parcel post will be collected from your address. Payment refund obligations must be met within 30 days. This period shall begin for you on dispatch of the declaration of revocation or dispatch of the item, and for us on receipt of the declaration or item.
Art. 3 Exceptions
No right of revocation exists in the case of mail-order contracts
1. for the supply of goods which are made to customer specification or are clearly tailored to meet personal needs,
2. for the supply of audio or video recordings or software if the data carrier has been unsealed by the consumer, and
3. for the supply of newspapers, magazines or periodicals.
End of the Revocation Notice