Privacy policy

1. Introduction

In the following we inform you about the collection of personal data when using

- our website www.brabido.de / boomluchs.de, com / snäx24.de, com/

- our profiles in social media.

Personal data is all data that can be related to a specific natural person, e.g. their name or IP address.

1.1. contact details

The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is Brabido GmbH i.G.

Manuel Gottwald c/o Nehring, An der Flutrinne 15a, 01139 Dresden, Germany, e-mail: service@brabido.de. We are legally represented by Manuel Gottwald.

1.2 Scope of data processing, processing purposes and legal bases

The scope of data processing, processing purposes and legal bases are explained in detail below. The legal basis for data processing is generally the following

Art. 6 para. 1 sentence 1 it. a GDPR serves us as the legal basis for processing operations for which we obtain consent.

Art. 6 para. 1 sentence 1 lit. b GDPR is the legal basis if the processing of personal data is necessary for the fulfilment of a contract, e.g. if a site visitor purchases a product from us or we perform a service for them. This legal basis also applies to processing that is necessary for pre-contractual measures, for example in the case of enquiries about our products or services.

Art. 6 para. 1 sentence 1 lit. c GDPR applies if we fulfil a legal obligation by processing personal data, as may be the case in tax law, for example.

Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis if we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during transfer is guaranteed by adequacy decisions of the EU Commission (Art. 45 para. 3 GDPR), if available (e.g. for Canada and Israel).

If no adequacy decision exists (e.g. for the USA), the legal basis for data transfer is usually standard contractual clauses, i.e. unless we indicate otherwise. These are a set of rules adopted by the EU Commission and form part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they guarantee the security of data transfer. Many of the providers have issued contractual guarantees that go beyond the standard contractual clauses and protect the data beyond the standard contractual clauses. These are, for example, guarantees regarding the encryption of the data or regarding the obligation of the third party to inform the data subject if law enforcement agencies wish to access data.

The transfer of data to third parties in the United Kingdom of Great Britain and Northern Ireland is currently based on the transitional arrangements in the Trade and Cooperation Agreement between the European Union and the United Kingdom.

1.4 Storage period

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must retain for commercial or tax law reasons.

1.5 Rights of the data subjects

Data subjects have the following rights vis-à-vis us with regard to the personal data concerning them

Right of access,

Right to rectification or erasure,

Right to restriction of processing,

Right to object to processing,

Right to data portability,

Right to withdraw consent at any time.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data.

1.6. obligation to provide data

In the context of a business relationship or other relationship, customers, interested parties or third parties only have to provide us with the personal data that is necessary for the establishment, execution and termination of the business relationship or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or provide a service or will no longer be able to fulfil an existing contract or other relationship.

Mandatory information is labelled as such.

1.7. no automated decision-making in individual cases

In principle, we do not use fully automated decision-making in accordance with Article 22 GDPR to establish and implement a business relationship or other relationship. Should we use these procedures in individual cases, we will inform you of this separately if this is required by law.

1.8. making contact

When you contact us, e.g. by email or telephone, the data you provide us with (e.g. names and email addresses) will be stored by us in order to answer your questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in answering enquiries addressed to us. We delete the data arising in this context after storage is no longer necessary, or restrict processing if there are statutory retention obligations.

1.9. competitions

We occasionally offer competitions via our website or in other ways. We process the data requested to determine and notify the winners. We then delete the data. We may also offer competitions for existing customers only. In this case, we only process the name to determine the winners and the contact details to notify the winners. It is in our legitimate interest to offer competitions to attract customers or to interact with our existing customers. The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

1.10. customer surveys

From time to time, we conduct customer surveys to get to know our customers and their wishes better. We collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 sentence 1 lit f GDPR. We delete the data once the results of the surveys have been analysed.

2. Newsletter

We reserve the right to inform customers who have already used our services or purchased goods about our offers from time to time by email or other electronic means if they have not objected to this. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest lies in direct advertising (Recital 47 GDPR). Customers can object to the use of their email address for advertising purposes at any time at no additional cost, for example via the link at the end of each email or by sending an email to our email address mentioned above.

Interested parties have the option of subscribing to a free newsletter. We process the data provided during registration exclusively for the purpose of sending the newsletter. Registration takes place by selecting the corresponding field on our website, by ticking the corresponding field in a paper document or by another clear action, whereby interested parties declare their consent to the processing of their data, so that the legal basis is Art. 6 para. 1 lit. a GDPR. Consent can be withdrawn at any time, e.g. by clicking on the corresponding link in the newsletter or by sending a message to the email address provided above. The processing of the data until revocation remains lawful even in the event of revocation.

Based on the consent of the recipients (Art. 6 para. 1 sentence 1 lit. a GDPR), we also measure the opening and click rate of our newsletters in order to understand which content is relevant for our recipients.

We send newsletters with the tools

Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA ("Mailchimp" and/or "Mandrill", privacy policy: https://mailchimp.com/legal/privacy/). The provider processes content, usage, meta/communication data and contact data.

Seguno Software Inc, 121 E Parrish St, Durham, NC 27701, USA ("Seguno"). The provider processes content data, usage data, meta/communication data and contact data.

Klaviyo of the provider Klaviyo, Inc, 125 Summer St, Floor 6 Boston, MA 02111, USA. The providers process meta/communication data (privacy policy: https://www.klaviyo.com/privacy/policy).

3. Data processing on our website

3.1. informational use of the website

When the website is used for informational purposes, i.e. when visitors to the site do not provide us with information separately, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

These data are

- IP address

- Date and time of the request

- Time zone difference to Greenwich Mean Time (GMT)

- Content of the request (specific page)

- Access status/HTTP status code

- amount of data transferred in each case

- Website from which the request originates

- Browser

- Operating system and its interface

- Language and version of the browser software.

This data is also stored in log files. They are deleted when their storage is no longer required, at the latest after 14 days.

3.2 Web hosting and provision of the website

We host our site with Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, and use a content delivery network from the same provider. We also host our pages at IONOS SE, Website & eCommerce Platforms, Hinterm Hauptbahnhof 3-5, 76137 Karlsruhe and IONOS SE, Elgendorfer Str. 57, 56410 Montabaur.

The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data. It is our legitimate interest to provide a website, so that the legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

Shopify & Ionos processes data exclusively on EU servers and on servers in Canada, for which the EU Commission has determined an adequate level of protection, so that data transfer is lawful under Art. 45 para. 3 GDPR.

3.3. contact form

When you contact us via the contact form on our website, we store the data requested there and the content of the message.

The legal basis for the processing is our legitimate interest in responding to enquiries addressed to us. The legal basis for the processing is therefore Art. 6 para. 1 sentence 1 lit. f GDPR.

We delete the data arising in this context after storage is no longer necessary, or restrict processing if there are statutory retention obligations.

3.4. job advertisements

We publish job vacancies in our company on our website, on pages linked to the website or on third-party websites.

The data provided as part of the application is processed in order to carry out the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 para. 1 GDPR in conjunction with Section 26 para. 1 BDSG. We have labelled the data required to carry out the application process accordingly or refer to it. If applicants do not provide this data, we will not be able to process the application.

Further data is voluntary and not required for an application. If applicants provide further information, this is based on their consent (Art. 6 para. 1 sentence 1 lit. a GDPR).

We ask applicants to refrain from providing information on political opinions, religious beliefs and similar sensitive data in their CV and cover letter. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent their processing as part of the processing of the CV or cover letter. Their processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).

Finally, we process applicants' data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

We pass on the applicants' data to the responsible employees in the HR department, to our processors in the area of recruiting and to the other employees involved in the application process.

If we enter into an employment relationship with the applicant following the application process, we will only delete the data after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.

If applicants have given us their consent to use their data for further application procedures, we will only delete their data one year after receipt of the application.

3.5. ratings

Visitors to our website can leave reviews of our goods, services or our company in general. In addition to the data entered, we process meta or communication data for this purpose. We have a legitimate interest in receiving feedback on our offer from site visitors. The legal basis for data processing is therefore Art. 6 para. 1 sentence 1 lit. f GDPR. If we use a third-party tool for the agreement, the information can be found under "Third-party tools".

3.6. customer area

Site visitors can open a customer account on our website. We process the data requested in this context to fulfil the respective user contract concluded via the account, so that the legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

In addition to the data entered during registration, we process the number of orders in order to allocate bonus points to our customers' accounts. It is in our legitimate interest to set up a bonus programme from which our customers also benefit. The legal basis for processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

3.7. offer of goods or services

We offer goods or services via our website. We involve the following service providers in the ordering process or dispatch, who only receive the personal data required to provide a service. The data is processed to fulfil the contract concluded with the respective website visitor (Art. 6 para. 1 sentence 1 lit. b GDPR).

3.8. payment service providers

To process payments, we use payment processors who are themselves data controllers within the meaning of Art. 4 No. 7 GDPR. Insofar as they receive data and payment data entered by us in the ordering process, we thereby fulfil the contract concluded with our customers (Art. 6 para. 1 sentence 1 lit. b GDPR).

The payment service providers are:

Amazon Payments Europe s.c.a., Luxembourg

American Express Europe S.A.

Apple Inc, USA (for Apple Pay)

giropay GmbH

Google Ireland Limited, Ireland (for Google Pay)

Klarna Bank AB (publ), Sweden (for Klarna Sofort)

Mastercard Europe SA, Belgium

PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg (for Paypal and/or Braintree)

Shopify Inc, Canada (for Shop Pay)

Stripe Payments Europe, Ltd, Ireland

Visa Europe Services Inc, Great Britain

3.9 Technically necessary cookies

Our website uses cookies. Cookies are small text files that are stored in the web browser on the end device of a site visitor. Cookies help to make the website more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter referred to as "technically necessary cookies"), the legal basis for the associated data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in providing customers and other site visitors with a functional website.

Specifically, we set technically necessary cookies for the following purpose or purposes

Shopping basket

Cookies from payment providers that do not analyse user behaviour

3.10. tools from third-party providers

3.10.1 Google Analytics

If the website visitor has given their consent, we use Google Analytics, a web analytics service provided by Google Ireland Ltd, Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland ("Google"), on the basis of an order processing contract (Art. 28 GDPR). The service uses cookies. The cookies generate information about the use of the website by site visitors, including pages viewed, the achievement of "website goals" (e.g. Contact requests and newsletter registrations), the behaviour on the pages (e.g. clicks, scrolling behaviour and length of stay), the approximate location (country and city), the IP address of the page visitor (in abbreviated form so that no clear assignment is possible), technical information such as browser, Internet provider, end device and screen resolution and the source of the visit (i.e. via which website or which advertising medium a page visitor came to us). This information is usually transferred to a Google server in the USA and stored there. The legal basis for processing is the consent of the site visitor (Art. 6 para. 1 sentence 1 lit. a GDPR). Site visitors can withdraw their consent at any time by contacting us using the contact details provided above. The revocation does not affect the legality of the processing until the revocation.

Google uses this information for the purpose of evaluating the use of our website by site visitors, compiling reports on website activity for us and providing us with additional services relating to website activity and internet usage. Pseudonymised user profiles of the website visitors can be created from the data. Google does not merge the IP address transmitted by the website visitor's browser with other data.

Further information on the use of data by Google can be found in Google's privacy policy (https://policies.google.com/privacy). The personal data of site visitors is deleted or anonymised after 14 months. The security of data transfer to the USA is guaranteed by standard data protection clauses adopted by the EU Commission (Art. 46 para. 2 lit. c GDPR), which we have agreed with Google.

3.10.2 Google Ads (formerly Adwords)

We use the Google AdWords tool from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, ("Google") for advertising on the basis of an order processing contract. The tool collects and transmits cookies with usage data, in particular which pages have been visited, which elements have been clicked on, device and browser information, IP address, operating system, data on the advertisements displayed and data from advertising partners, in particular pseudonymised user IDs to the provider of the tool.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Consent can be revoked at any time using the contact details provided on this page. The revocation does not affect the legality of the processing until the revocation. The security of the data when it is transferred to servers in the USA is ensured, as our contract with the provider contains standard data protection clauses published by the EU Commission (Art. 46 para. 2 lit. c GDPR). Further information on data processing can be found in the provider's privacy policy at http://www.google.com/intl/de/policies/privacy.

3.10.3 Facebook's visitor action pixel

We use the "visitor action pixel" of Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") on our website on the basis of an order processing contract (Art. 28 GDPR).

With the help of the visitor action pixel, we can track the behaviour of site visitors after they have been redirected to our website by clicking on a Facebook ad (so-called "conversion"). In this way, we can also record the effectiveness of Facebook adverts for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook. Facebook can link this data to your Facebook account and also use it for its own advertising purposes in accordance with Facebook's data usage policy. More information on this can be found at https://www.facebook.com/about/privacy/.

The visitor action pixel is triggered by Facebook when our website is accessed and can store a cookie on the site visitor's device. If the site visitor subsequently logs in to Facebook or visits Facebook while logged in, the visit to our website is noted in their profile. The data collected about them is still anonymous to us, so it does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective profile of the site visitor is possible and can be used by Facebook and for its own market research and advertising purposes.

The legal basis for the use of this service is the consent of the site visitor (Art. 6 para. 1 sentence 1 lit. a GDPR). Site visitors can withdraw their consent at any time by contacting us using the contact details provided above. The revocation does not affect the legality of the processing until the revocation.

The security of the data is ensured, as the contract with Facebook contains standard contractual clauses in accordance with Art. 46 para. 2 lit. c GDPR, which have been adopted by the EU Commission.

3.10.4 Facebook Custom Audiences

We use the "Custom Audiences" service of Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") on our website on the basis of an order processing contract (Art. 28 GDPR). The service enables us to divide visitors to your website into groups based on the actions they have taken on the website. These groups are referred to as Custom Audiences. Based on this custom audience, we can display adverts to other Facebook users who meet the criteria of this target group. The service therefore processes the data already collected through other actions, e.g. the visitor pixel.

The security of the data is ensured, as the contract with Facebook contains standard contractual clauses in accordance with Art. 46 para. 2 lit. c GDPR, which have been adopted by the EU Commission.

3.10.5 Microsoft Advertising (formerly Bing Ads)

We use Microsoft Advertising (formerly Bing Ads) on our website. Microsoft Advertising is an advertising programme from Microsoft that enables advertisers to place online advertising via the network of the search engines Bing and Yahoo!

The operating company is Microsoft Ireland Operations Limited (One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521).

Microsoft Advertising technologies are used to collect and store data on our website, from which user profiles are created using pseudonyms. This service enables us to track the activities of page visitors on our website if they have reached our website via adverts from Microsoft Advertising. If they reach our website via such an advert, a cookie is placed on their computer. A corresponding tag is integrated on our website. This is a code that is used in conjunction with the cookie to store some data about the use of the website. This includes, among other things, the time spent on the website, which areas of the website were accessed and which ad the user used to access the website. Information about your identity is not recorded. The information collected is transferred to Microsoft servers in the USA and stored there for a maximum of 180 days.

The basis for processing is the consent of the site visitor (Art. 6 para. 1 sentence 1 lit. a GDPR). Site visitors can revoke their consent at any time by contacting us using the contact details provided above. The revocation does not affect the legality of the processing until the revocation.

In addition, Microsoft may be able to track your usage behaviour across several of your electronic devices through so-called cross-device tracking and is therefore able to display personalised advertising on Microsoft websites and in Microsoft apps. Site visitors can deactivate this tracking at http://choice.microsoft.com/de-de/opt-out. Further information can be found in Microsoft's privacy policy at https://privacy.microsoft.com/de-de/privacystatement.

3.10.6 Videos from YouTube

We embed videos from YouTube on our website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (privacy policy: https://policies.google.com/privacy). Site visitors can access an opt-out plugin here: https://tools.google.com/dlpage/gaoptout?hl=de. The settings for displaying adverts can be changed here: https://adssettings.google.com/authenticated. The processed data includes usage data and communication data. The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Consent can be revoked at any time using the contact details provided on this page. The revocation does not affect the legality of the processing until the revocation.

3.10.7 Snap Pixel

We use Snap Pixel for analysis. The provider is Snap Group Limited, 7-11 Lexington Street, London W1F 9AF, United Kingdom. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing takes place on the basis of consent. Data subjects can withdraw their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation.

The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses issued in accordance with the review procedure pursuant to Art. 93 para. 2 GDPR (Art. 46 para. 2 lit. c GDPR), which we have agreed with the provider.

The data will be deleted if the purpose of its collection no longer applies and there is no obligation to retain it. Further information can be found in the provider's privacy policy at https://snap.com/de-DE/privacy/privacy-policy

3.10.8 Pipedrive

For business customers, we use the CRM tool Pipedrive from Pipedrive OÜ, Mustamäe tee 3a, 10615 Tallinn, Estonia, to answer enquiries made to us and to manage customers. Pipedrive processes the name, contact details, customer history, IP address for enquiries, billing and payment data. Legal basis of the processing Art. 6 para. 1 sentence 1 lit. b GDPR. We delete the data as soon as it is no longer required for the purpose for which it was collected.

3.10.9 Klaviyo

We use Klaviyo for email marketing and customer relationship management. The provider is Klaviyo, Inc, 125 Summer St, Floor 6 Boston, MA 02111, USA. The provider processes the email address, the order value, the products ordered and delivered, whether they have been paid for, the order ID and the voucher ID in the USA.

The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing is carried out on the basis of consent. Data subjects can withdraw their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation.

3.10.10. Plista Conversion Pixel

We use Plista Conversion Pixel for conversion tracking. The provider is plista GmbH, Torstraße 33-35, 10119 Berlin. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in accordance with the GTC

Contractual terms within the framework of purchase contracts concluded via the platform https://boomluchs.de /.com // https://brabido.de /.com

between

Brabido GmbH i.G.

Manuel Gottwald c/o Nehring

An der Flutrinne 15a

01139 Dresden

Managing director authorised to represent: Manuel Gottwald

- hereinafter referred to as "Provider" -

and

the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Customer/Customers".

§ 1 Scope of application

The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range and collect them in a so-called shopping basket using the "Add to basket" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with Boomluchs" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations. No further access to the stored contract text will be provided by the seller.

(3) The contract is concluded in the following languages: German.

§ 3 Delivery, availability of goods, payment modalities

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

(5) The customer can pay the purchase price by PayPal, credit card, instant bank transfer, Giropay, Apple Pay, Google Pay or Amazon Pay.

(6) Alcoholic products may not be sold to minors. By ordering alcoholic products, you confirm that you are of the legally required minimum age. You are obliged to ensure that only you or persons of legal age authorised by you to receive the delivery take delivery of the goods. We instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons aged 18 or over and, in case of doubt, to have the identity card presented for age verification. If minors place orders, we hereby revoke the contract as a precautionary measure in accordance with § 109 BGB.

§ 4 Customer account

(1) The customer can order products in the provider's online shop as a guest or as a registered user. As a registered user, the customer does not have to enter his personal data each time, but can log in to his customer account before or during an order with his e-mail address and the password freely chosen by him during registration. Registration alone does not constitute any obligation to purchase the products offered by the provider. The customer will be informed by e-mail of any changes affecting his customer account.

(2) Information on the handling of personal data can be found under PRIVACY POLICY. When you register, you choose a personal user name and password.

§ 5 Retention of title

The delivered goods remain the property of the supplier until the purchase price has been paid in full.

§ 6 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of cancellation.

(3) In the event of cancellation, the customer shall bear the direct costs of the return shipment.

§ 7 Terms of payment

The customer can pay the purchase price by PayPal, credit card, instant bank transfer, Giropay, SEPA direct debit or invoice.

(1) When paying by credit card and PayPal, the time of payment corresponds to the time of the order. When using the payment service provider "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account. When paying by credit card, our payment processing partner Stripe processes the data quickly and securely in encrypted form. If the credit card transaction is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred due to the cancellation of the credit card debit.

(2) When paying by instant bank transfer, the customer can initiate payment for the ordered goods via an online banking account during the order process. After selecting the "Sofortüberweisung" payment method in the order process, the customer is taken directly to the secure payment form of SOFORT GmbH, Theresienhöhe 12, 80339 Munich. SOFORT GmbH automatically handles the payment process, which is comparable to an EC card payment with PIN, without Boomluchs being able to view it. As with an EC card payment, SOFORT GmbH checks the account's credit limit for an instant bank transfer and makes a transfer to Boomluchs if there are sufficient funds in the account. In addition, the SOFORT GmbH system checks in around 30 per cent of cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an instant bank transfer, SOFORT GmbH requires the PIN and a TAN of the online banking account in addition to the name, sort code and account number. Only the name, sort code, account number, purpose, amount and date of the transfer are stored, not the credit limit or account balance or past transactions. In the event of a successful transaction, Boomluchs only receives an automated confirmation from SOFORT GmbH in real time that the transfer has been executed. Depending on the credit institution, confirmation of a successful payment can take up to 14 working days. The goods are dispatched immediately after successful confirmation of payment.

(3) If a customer decides in favour of giropay, they will be directed to their bank via a secure connection during the order process. All data such as account number, purpose of payment and invoice amount are already entered on the transfer form - so all that remains is to confirm the usual transfer. After successful payment, the customer is then redirected back to the shop and receives a corresponding confirmation. The customer only needs an account with a bank that supports giropay. These include Postbank, almost all savings banks, Volks- und Raiffeisenbanken, DKB, MLP-Bank, Merkur Bank, Cronbank, Bankhaus Ellwanger & Geiger, Bank Schilling & Co, CVW Privatbank AG, GLS-Gemeinschaftsbank, numerous PSD banks and other financial institutions.

(4) If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g. invoice) from Boomluch to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. In addition, a credit and data check is carried out for the direct debit payment option (see § 9). Confirmation of a successful payment can take up to 14 working days, depending on the credit institution. The goods are dispatched immediately after successful confirmation of payment. If the amount cannot be debited because the account is not covered or incorrect details have prevented collection, we will unfortunately have to charge an additional fee of €7.50.

(5) In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment option "invoice". Payment is always made to Klarna. The payment period is [14] days from dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Austria. The use of the payment method "invoice" requires a positive credit check. In this respect, we forward the customer's data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Customers can find further information and Klarna's terms of use here. Customers can find general information about Klarna here. Personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy Germany/Austria.

(6) The customer hereby agrees that Boomluchs is authorised to send the invoice to the customer as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by email. Boomluchs may, at its own discretion, also send the invoice to the customer on paper.

§ 8 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 10 Information on data processing

(1) The provider collects customer data in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.

(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid. Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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USA

The legal basis for processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing is carried out on the basis of consent. Data subjects can withdraw their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation.

The data is stored for 12 months. Further information can be found in the provider's privacy policy at https://www.plista.com/de/ueber/privacy

3.10.11. Pinterest conversion tag

We use Pinterest Conversion Tag for conversion tracking. The provider is Pinterest Inc, San Francisco Bay Area, West Coast, Western US. The provider processes usage data (e.g. websites visited, interest in content, access times), contact data (e.g. email addresses, telephone numbers) and meta/communication data (e.g. device information, IP addresses) in the USA.

3.10.12. Reviews.io

We use the Reviews.io tool for customer reviews. The provider is Liquid New Media Limited, 29 St Nicholas Place, Leicester, LE1 4LD, United Kingdom. The provider processes usage data (e.g. websites visited, interest in content, access times) in the UK. The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing takes place on the basis of consent. Data subjects can withdraw their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation. The legal basis for the transfer to a country outside the EEA is the transitional arrangement in the Trade and Cooperation Agreement between the European Union and the United Kingdom. The data will be deleted if the purpose of its collection no longer applies and there is no obligation to retain it. Further information can be found in the provider's privacy policy at https://www.reviews.io/front/user-privacy-policy

4. Data processing on social media platforms

We are represented on social media networks in order to present our company and our services there. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behaviour, which are used, for example, to display advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. For this purpose, the network operators store information on user behaviour in cookies on the user's computer. It is also possible that the operators may combine this information with other data. Users can find further information and information on how users can object to processing by the site operators in the privacy policies of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, meaning that they process data there. This may result in risks for users, e.g. because the enforcement of their rights is made more difficult or government agencies gain access to the data.

When users of the networks contact us via our company profiles, we process the data provided to us in order to respond to the enquiries. This is our legitimate interest, so the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

4.1. facebook

We maintain a company profile on Facebook. The operator is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://www.facebook.com/policy.php. You can object to data processing via the settings for adverts: https://www.facebook.com/settings?tab=ads.

We are jointly responsible for processing the data of visitors to our profile on the basis of an agreement with Facebook within the meaning of Art. 26 GDPR. Facebook explains exactly which data is processed at https://www.facebook.com/legal/terms/information_about_page_insights_data. Data subjects can exercise their rights both against us and against Facebook. However, according to our agreement with Facebook, we are obliged to forward requests to Facebook. Data subjects will therefore receive faster feedback if they contact Facebook directly.

4.2 Instagram

We maintain a company profile on Instagram. The operator is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://help.instagram.com/519522125107875.

4.3. pinterest

We maintain a company profile on Pinterest. The operator is Pinterest Inc, 635 High Street, Palo Alto, CA, 94301, USA. The privacy policy is available here: https://about.pinterest.com/de/privacy-policy. You can object to data processing via the settings for adverts: https://about.pinterest.com/de/privacy-policy.

4.4. LinkedIn

We maintain a company profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE. You can object to data processing via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

4.5 Xing

We maintain a company profile on Xing. The operator is New Work SE, Dammtorstraße 29-32, 20354 Hamburg. The privacy policy is available here: https://privacy.xing.com/de/datenschutzerklaerung.

5. Changes to this privacy policy

We reserve the right to amend this privacy policy with effect for the future. A current version is always available here.

6. Questions and comments

If you have any questions or comments regarding this privacy policy, please do not hesitate to contact us using the contact details provided above.

Status: 01.01.2025