GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope
The following terms and conditions apply to all orders placed through our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Feichtinger Schmuckhandels GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you choose:
Credit card
When you place your order, you provide your credit card details and the credit card company carries out an authorization check. After you have been identified as the legitimate cardholder, the payment transaction is initiated automatically and your credit card is charged when you place your order. The contract with us is concluded at the time your credit card is charged.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The language available for concluding the contract is German.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.
We do not deliver to packing stations.
5. Payment
In our shop you can generally use the following payment methods:
Credit card
When you place your order, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Sofortüberweisung (only for Austria)
eps transfer is a simple and secure online payment method used by Austrian banks for purchases in web shops or for handling electronic official transactions (e-government) in Austria. With eps transfer, no sensitive data needs to be entered in the web shop!
6. Retention of title
The goods remain our property until full payment.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed or
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
Customer service: You can reach our customer service Tuesday to Friday from 9 a.m. to 6 p.m. and Saturdays from 9 a.m. to 1 p.m. on 059887 or by email at onlineshop@feichtinger.biz
9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
DATA PROTECTION
The person responsible for data processing is:
Feichtinger Jewellery Trading GmbH
Josefigasse, 5-7
A-8020 Graz
Austria
+43(0)598870
office@feichtinger.biz
We are pleased that you are interested in our online shop. The protection of your privacy is very important to us. Below we will inform you in detail about how we handle your data.
1. Access data and hosting
You can visit our websites without providing any personal information. Each time you access a website, the web server automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access.
This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our offering. In accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, this serves to protect our legitimate interests in a correct presentation of our offering, which prevail within the framework of a balancing of interests. All access data is deleted no later than seven days after the end of your visit to the site.
Hosting services provided by a third party
As part of processing on our behalf, a third-party provider provides us with the services for hosting and displaying the website. All data collected as part of the use of this website or in the forms provided for this purpose in the online shop as described below is processed on its servers. Processing on other servers only takes place within the scope explained here.
This service provider is located within a country of the European Union or the European Economic Area.
2. Data collection and use for contract processing, contact and when opening a customer account
We collect personal data when you voluntarily provide it to us as part of your order or when you contact us (e.g. via contact form or email). Mandatory fields are marked as such because in these cases we absolutely need the data to process the contract or to process your contact and you cannot send the order or contact without providing it. The data collected can be seen from the respective input forms. We use the data you provide in accordance with Art. 6 Para. 1 Clause 1 Letter b of GDPR to process the contract and process your enquiries.
If you have given your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account.
After the contract has been fully processed or your customer account has been deleted, your data will be restricted for further processing and deleted after the tax and commercial retention periods have expired, unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration. Your customer account can be deleted at any time and can be done either by sending a message to the contact option described below or via a function provided for this purpose in the customer account.
3. Data transfer
In order to fulfil the contract in accordance with Art. 6 Paragraph 1 Clause 1 Letter b of GDPR, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service in order to process payments. In some cases, the selected payment service providers also collect this data themselves if you create an account with them. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the data protection declaration of the respective payment service provider applies.
4. E-mail newsletters and postal advertising
E-mail advertising with newsletter registration
If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR.
You can unsubscribe from the newsletter at any time by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address from the recipient list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.
The newsletter is sent as part of processing on our behalf by a service provider to whom we pass on your email address for this purpose. This service provider is located within a country of the European Union or the European Economic Area.
Postal advertising and your right to object
In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by post. This serves to protect our legitimate interests in advertising to our customers, which prevail within the framework of a balancing of interests, in accordance with Art. 6 Para. 1 Clause 1 Letter f of GDPR.
The advertising mailings are carried out as part of processing on our behalf by a service provider to whom we pass on your data for this purpose.
You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described below.
5. Cookies and web analytics
In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, which predominate in the context of a balancing of interests. Cookies are small text files that are automatically saved on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). You can find out how long they are stored for in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:
Internet Explorer™
Safari™
Chrome™
Firefox™
Opera™
If you do not accept cookies, the functionality of our website may be limited.
Use of Google (Universal) Analytics for web analysis
If you have given your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR, this website uses Google (Universal) Analytics for the purpose of website analysis. The web analysis service is offered by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics is generally not merged with other Google data. Once the purpose no longer applies and we no longer use Google Analytics, the data collected in this context will be deleted.
To the extent that information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an appropriate level of data protection for companies certified under the Privacy Shield.
You can revoke your consent at any time with effect for the future by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de. This will prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google.
As an alternative to the browser plug-in, you can click <a href=""javascript:gaOptout()"">this link</a> to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your device. If you delete your cookies, you will be asked to give your consent again.
6. Online marketing
Google Ads Remarketing
We use Google Ads to advertise this website in Google search results and on third-party websites. When you visit our website, Google sets a so-called remarketing cookie, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit. This serves to protect our legitimate interests in the optimal marketing of our website, which prevail in the context of a balancing of interests, in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR. Once the purpose no longer applies and we no longer use Google Ads Remarketing, the data collected in this context will be deleted.
Any further data processing will only take place if you have given Google your consent to link your web and app browsing history to your Google account and to use information from your Google account to personalize ads that you see on the web. In this case, if you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. To do this, Google will temporarily link your personal data to Google Analytics data to create target groups.
Google Ads is offered by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de).
To the extent that information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an appropriate level of data protection for companies certified under the Privacy Shield.
You can deactivate the remarketing cookie using this link. You can also find out more about the use of cookies and make settings for this at the Digital Advertising Alliance.
Google Maps
This website uses Google Maps to visually display geographic information. Google Maps is provided by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This serves to protect our legitimate interests, which prevail within the framework of a balancing of interests, in an optimized presentation of our offer and easy accessibility of our locations in accordance with Art. 6 Para. 1 Clause 1 Letter f) of GDPR.
When using Google Maps, Google transmits or processes data about the use of the Maps functions by website visitors, which may include in particular the IP address and location data. We have no influence on this data processing.
To the extent that information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an appropriate level of data protection for companies certified under the Privacy Shield.
To deactivate the Google Maps service and thus prevent data transmission to Google, you must deactivate the Java Script function in your browser. In this case, Google Maps cannot be used or can only be used to a limited extent.
Further information about data processing by Google can be found in Google's privacy policy. The Google Maps terms of use contain detailed information about the map service.
The data processing is carried out on the basis of an agreement between joint controllers in accordance with Art. 26 GDPR, which you can view here.
7. Social-Media
Our online presence on Facebook, Youtube, Instagram
Our presence on social networks and platforms serves to improve and actively communicate with our customers and prospective customers. We provide information about our products and current special offers there.
When you visit our online presence on social media, your data may be automatically collected and stored for market research and advertising purposes. So-called usage profiles are created from this data using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are usually used on your device for this purpose. These cookies store visitor behavior and the interests of users. In accordance with Art. 6 (1) (f) GDPR, this serves to safeguard our legitimate interests, which predominate in a balancing of interests, in an optimized presentation of our offer and effective communication with customers and interested parties. If you are asked by the respective social media platform operators for consent (agreement) to data processing, e.g. using a checkbox, the legal basis for data processing is Art. 6 (1) (a) GDPR.
If the aforementioned social media platforms have their headquarters in the USA, the following applies: For the USA, there is an adequacy decision from the European Commission. This is based on the EU-US Privacy Shield. A current certificate for the respective company can be viewed here.
For detailed information on the processing and use of data by the providers on their websites, as well as a contact option and your rights and setting options to protect your privacy, in particular the option to object (opt-out), please refer to the providers' data protection notices linked below. If you still need help in this regard, you can contact us.
Facebook: https://www.facebook.com/about/privacy/
The data processing is carried out on the basis of an agreement between joint controllers in accordance with Art. 26 GDPR, which you can view here.
Further information on data processing when visiting a Facebook fan page (information on Insights data) can be found here.
Google/YouTube: https://policies.google.com/privacy?hl=de
Instagram: https://help.instagram.com/519522125107875
Opt-out option:
Facebook: https://www.facebook.com/settings?tab=ads
Google/YouTube: https://adssettings.google.com/authenticated?hl=de
Instagram: https://help.instagram.com/519522125107875
8. Contact options and your rights
As a data subject, you have the following rights:
pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
pursuant to Art. 16 GDPR, you have the right to immediately request the rectification of inaccurate or completion of your personal data stored by us;
pursuant to Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing
to exercise the right to freedom of expression and information;
to fulfill a legal obligation;
for reasons of public interest or
is necessary for the establishment, exercise or defence of legal claims;
pursuant to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data, insofar as
you dispute the accuracy of the data;
the processing is unlawful but you oppose its erasure;
we no longer need the data, but you require it to assert, exercise or defend legal claims or
You have objected to the processing pursuant to Art. 21 GDPR;
pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another controller;
pursuant to Art. 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or of our company headquarters.
If you have any questions about the collection, processing or use of your personal data, information, correction, restriction or deletion of data, as well as revocation of consent granted or objection to a specific use of data, please contact us directly using the contact details in our legal notice.
Right to object
If we process personal data as described above to protect our legitimate interests, which predominate in the context of a balancing of interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object if there are reasons arising from your particular situation.
After exercising your right of objection, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
This does not apply if the processing is carried out for direct marketing purposes. In this case, we will no longer process your personal data for this purpose.