General Terms and Conditions with Customer Information & Privacy Policy

Table of Contents

A. General Terms and Conditions with Customer Information

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Terms
6. Retention of Title
7. Defect Liability / Warranty
8. Vouchers, Discount Offers
9. Applicable Law
10. Alternative Dispute Resolution

B. Privacy Policy

1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contact
3. Data Processing for Order Processing
4. Rights of the Data Subject
5. Duration of Personal Data Storage

A. General Terms and Conditions with Customer Information

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Andrea Stadlober, trading as "ANKRELA "Andrea's Creative Store"" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding goods presented by the Seller on the SHOMUGO online trading platform (hereinafter referred to as "SHOMUGO"). The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the course of its commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions of the Seller on SHOMUGO do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit their offer via the online order form provided by SHOMUGO. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or a confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or
• delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 The text of the contract will be saved by the Seller after the contract is concluded and will be sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond that.

2.6 Before submitting the binding order, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and communication will take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that any spam filters used do not prevent the delivery of emails sent by the Seller.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. Further information about the right of withdrawal can be found in the seller's withdrawal policy.

3.2 Further information about the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and Payment Terms

4.1 The prices provided by the seller are total prices. VAT is not shown, as the seller is a small business owner. Any additional delivery and shipping costs, if applicable, will be separately indicated in the respective product description.

4.2 Payment options will be communicated to the customer in the seller's offer on SHOMUGO.

5) Delivery and Shipping Terms

5.1 If the seller offers the shipment of the goods, the delivery will be made to the delivery address provided by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address provided during the SHOMUGO order process is decisive for transaction processing.

5.2 If the delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return costs, the regulations provided in the seller's withdrawal policy shall apply in the event of the customer effectively exercising their right of withdrawal.

5.3 If the customer is a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. However, in deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has handed over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, provided that the customer has instructed the carrier, the freight forwarder, or the other person or institution to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make reasonable efforts to obtain the goods. In the event of unavailability or only partial availability of the goods, the customer will be promptly informed, and any consideration will be refunded promptly.

5.5 If the seller offers the option of self-collection, the customer can collect the ordered goods within the seller's specified business hours at the seller's specified address. In this case, no shipping costs will be charged.

6) Retention of Title

If the seller provides goods in advance, the seller retains ownership of the delivered goods until the full purchase price has been paid.

7) Warranty

7.1 Unless otherwise stated in the following provisions, the statutory warranty regulations shall apply. In the case of contracts for the delivery of goods, the following deviations apply:

7.2 If the customer is a business entity,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the limitation period does not begin anew if replacement delivery is made under the warranty for defects.

7.3 The liability limitations and time limit reductions stipulated above do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their customary purpose for a building and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 In addition, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the customer is a consumer, the customer is kindly requested to report obvious transport damages to the delivery person and to notify the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty claims.

8) Vouchers, Discount Promotions

Unless otherwise stated in the seller's product description on SHOMUGO, the redemption of gift vouchers, promotional vouchers, discounts, or savings benefits not issued or offered by the seller is excluded for offers of the seller on SHOMUGO. This also applies to vouchers and/or discount promotions by the operator of SHOMUGO. Vouchers issued by the seller can only be redeemed for offers of the seller on SHOMUGO if this is indicated in the advertisement or in the redemption conditions of the seller.

9) Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria shall apply, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence.

10) Alternative Dispute Resolution

10.1 The EU Commission provides an online dispute resolution platform at the following link: ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

B. Data Protection Information

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting us at SHOMUGO and thank you for your interest. Below, we inform you about the handling of your personal data that we process at SHOMUGO. Personal data includes all data with which you can be personally identified.

1.2 The controller for data processing in accordance with the General Data Protection Regulation (GDPR) is Andrea Stadlober, ANKRELA "Andrea's Creative Shop," Haydnweg 8/3, 8662 St. Barbara im Mürztal, Austria, Tel.: 00436647931873, Email: andrea_st@hotmail.com. The controller for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.

2) Contact

When you contact us (e.g., via contact form or email), personal data is collected, and you can see what this data is from the contact form. This data is stored and used solely for the purpose of responding to your request or for contact and related technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6(1)(f) GDPR. If your contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted after your request has been processed, which is the case when it can be inferred from the circumstances that the matter in question has been finally clarified and there are no legal retention obligations to the contrary.

3) Data Processing for Order Processing

3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we will process the contact details (name, address, email address) provided by you during the order to inform you personally via a suitable communication channel (e.g., postal or email) about upcoming updates within the legally prescribed period, as part of our legal information obligations according to Art. 6(1)(c) GDPR. Your contact data will be used strictly for the purpose of notifying you about updates owed by us and processed by us only to the extent necessary for the respective information.

3.2 When paying via PayPal, credit card via PayPal, direct debit via PayPal, or, if offered, "purchase on account" or "installment payment" via PayPal, we will pass on your payment details to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer is carried out in accordance with Art. 6(1)(b) GDPR and only to the extent necessary for payment processing.

For payment methods such as credit card via PayPal, direct debit via PayPal, or, if offered, "purchase on account" or "installment payment" via PayPal, PayPal reserves the right to carry out a credit check using mathematically-statistical methods to safeguard its legitimate interest in assessing your creditworthiness. For this purpose, your payment data may be disclosed to credit agencies by PayPal in accordance with Art. 6(1)(f) GDPR. PayPal uses the results of the credit check in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). To the extent that score values are included in the results of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. Address data is also included in the calculation of score values, among other things, but not exclusively. Further data protection information, including information on the credit agencies used, can be found in PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

3.3 If you choose a payment method offered via the payment service "Stripe," the payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass on the information provided by you during the ordering process, including information about your order (name, address, account number, bank code, any credit card number, invoice amount, currency, and transaction number) in accordance with Art. 6(1)(b) GDPR. Further information on data protection by Stripe can be found at the URL https://stripe.com/de/privacy#translation.
Stripe reserves the right to carry out a credit check based on mathematical-statistical methods in order to safeguard its legitimate interest in assessing the user's creditworthiness. The personal data required for a credit check and received as part of payment processing may be disclosed by Stripe to selected credit agencies, which Stripe will disclose to users upon request. The credit report may contain probability values (so-called score values). To the extent that score values are included in the results of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. Address data is also included in the calculation of score values, among other things, but not exclusively. Stripe uses the results of the credit check in relation to the statistical probability of non-payment for the purpose of deciding on the user's eligibility to use the selected payment method.
You can object to this processing of your data at any time by sending a message to Stripe or the credit agencies commissioned. However, Stripe may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

4) Rights of the Data Subject

4.1 The applicable data protection law grants you comprehensive rights as a data subject (information and intervention rights) with regard to the processing of your personal data by the controller, which we will inform you about below:

• Right to information according to Art. 15 GDPR: You have the right to obtain information about your personal data processed by us, including the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage duration or the criteria for determining the storage duration, the existence of the right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us, the existence of automated decision-making including profiling, and meaningful information about the logic involved and the potential consequences of such processing, as well as your right to be informed about the guarantees under Art. 46 GDPR when your data is transferred to third countries;
• Right to rectification according to Art. 16 GDPR: You have the right to have inaccurate data concerning you corrected without delay and to have incomplete data stored by us completed;
• Right to erasure according to Art. 17 GDPR: You have the right to request the erasure of your personal data under the conditions of Art. 17 (1) GDPR. However, this right does not exist, in particular, if processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
• Right to restriction of processing according to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data is contested by you, if you object to the deletion of your data due to unlawful data processing and instead request the restriction of processing of your data, if you need your data for the assertion, exercise, or defense of legal claims after we no longer need this data for the purpose of processing or if you have objected for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh;
• Right to information according to Art. 19 GDPR: If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients;
• Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format, or to request the transmission of such data to another controller, as far as technically feasible;
• Right to withdraw consent according to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the legality of processing based on consent before its withdrawal;
• Right to lodge a complaint according to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, without prejudice to any other administrative or judicial remedy, particularly in the Member State of your habitual residence, your place of work, or the place of the alleged infringement.

4.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING MAY BE RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA CONCERNING SUCH ADVERTISING AT ANY TIME. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.

5) Duration of Personal Data Storage

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing, and, if applicable, the respective statutory retention period (e.g., commercial and tax retention periods).

When processing personal data based on explicit consent according to Article 6(1)(a) GDPR, the relevant data will be stored until you revoke your consent.

If there are statutory retention periods for data processed on the basis of contractual or quasi-contractual obligations under Article 6(1)(b) GDPR, these data will be routinely deleted after the retention periods have expired, provided they are no longer necessary for contract fulfillment or initiation and/or there is no longer a legitimate interest on our part in their continued storage.

When processing personal data based on Article 6(1)(f) GDPR, these data will be stored until you exercise your right to object according to Article 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.

When processing personal data for the purpose of direct marketing based on Article 6(1)(f) GDPR, these data will be stored until you exercise your right to object according to Article 21(2) GDPR.

Unless otherwise specified in the other information in this statement on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.