§1 Scope of the contract
The following conditions regulate the contractual relationship between the seller (Gheehnest Germany, owner Michael Krispin, Bergstraße 7, 27383 Scheeßel) and the respective buyer on this sales platform on the Internet.
§2 Object of the contract
The following conditions regulate the use of the service offers we offer. The services include e.g. the procurement of virtual objects and / or other services in online role-playing games. If online games or services are mentioned in these general terms and conditions (hereinafter "GTC"), they are used to refer to online games and services from Gheehnest Germany. These services are offered by the seller as general articles. General articles are visible in this shop of the seller. The set services are binding offers of the seller to conclude a purchase contract for the respective service.
§ 3 Conclusion of contract and contract language
Der Käufer kann über den Shop des Verkäufers angebotene Dienstleistungen (Artikel) sofort kaufen. Diese sind in diesem Shop sichtbar. Im Fall des Kaufs kommt ein wirksamer Kaufvertrag zwischen Käufer und Verkäufer zustande, wenn der Käufer die Schaltfläche „Zahlungspflichtig bestellen" in der Bestellübersicht (Schritt 4: "Versandart") bestätigt. Unmittelbar nachfolgenden schließt der Kunde den Zahlungsvorgang ab. Der Käufer kann mehrere Dienstleistungen auch dadurch kaufen, indem er die Dienstleistungen in den Warenkorb (sofern verfügbar) legt und den unmittelbar nachfolgenden Zahlungsvorgang abschließt. Diese Dienstleistungen kann der Käufer auch als Gast kaufen, ohne sich in dem Shop anmelden zu müssen. In diesem Fall nimmt der Käufer das Angebot an, indem er den Button "Zur Kasse" im Warenkorb anklickt, auf der folgenden Bestellseite die Option "Als Gast bestellen" auswählt und den nachfolgenden Zahlungsvorgang abschließt. Der Verkäufer übersendet dem Käufer nach Vertragsschluss eine Bestellbestätigung mit weiteren Informationen. Die Vertragssprache ist ausschließlich deutsch.
§ 4 Right of withdrawal
If the buyer is a consumer, he is legally entitled to a 30-day right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. The buyer can find information on the right of withdrawal in this shop. After conclusion of the contract, the buyer also receives an order confirmation with information about his right of withdrawal and information on how he can exercise it, e.g. via the model cancellation form attached to the cancellation policy.
§ 5 Warranty, liability
The guarantee of the seller in the event of a defect in the goods and the liability of the seller for damages are based on the statutory provisions.
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, e.g. our social media profile (hereinafter collectively referred to as the "online offer"). With regard to the terminology used, e.g. “Processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Hamburger Str. 10
Business Manager: Michael Krispin
7.1 Types of data processed:
- inventory data (e.g., names, addresses).
- contact data (e.g., email, telephone numbers).
- content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
7.2 Categories of data subjects
Visitors and users of the online offer (in the following we refer to the data subjects collectively as "users").
7.3 Purpose of processing
- Provision of the online offer, its functions and content.
- Answering contact inquiries and communication with users.
- Security measures.
- Reach measurement / marketing.
7.4 Terms used
"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); An identifiable person is a natural person who can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
"Processing" is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and encompasses practically every handling of data.
"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is technical and organizational Measures are subject to ensure that the personal data are not assigned to an identified or identifiable natural person.
"Profiling" means any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects relating to a natural person, in particular to Analyze or predict aspects related to work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or relocation of this natural person.
The "person responsible" is the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.
"Processor" is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
7.5 Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
7.6 Security measures
We meet in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing, as well as the different probability and severity of occurrence Risks to the rights and freedoms of natural persons, appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transfer, and ensuring availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
7.7 Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only based on legal permission (e.g. if a transfer of data to third parties, such as payment service providers, is required to fulfill the contract in accordance with Art. 6 Para. 1 lit.b GDPR), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g. in Use of agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
7.8 Transfers to third countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or as part of the use of third-party services or disclosure or transmission of If data is passed on to third parties, this only takes place if it happens to fulfill our (pre) contractual obligations, based on your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. I.e. the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
7.9 Rights of the data subjects
You have the right to request confirmation as to whether the data in question are being processed and for information about this data, as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request that the processing of the data be restricted.
You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to request their transmission to other responsible persons.
According to Art. 77 GDPR the right to lodge a complaint with the responsible supervisory authority.
7.9 Right of withdrawal
You have the right to withdraw consent in accordance with Revoke Art. 7 Para. 3 GDPR with effect for the future
7.10 Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
7.11 Cookies and right to object to direct advertising
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie e.g. the content of a shopping cart in an online shop or a login status can be saved. "Permanent" or "persistent" are cookies that remain stored even after the browser is closed. For example, the login status will be saved if users visit it after several days. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, we speak of "first-party cookies").
We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
7.12 Deletion of data
The data processed by us is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention obligations to prevent deletion. 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 e.g. for data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, storage is carried out, in particular, for 10 years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records , Management reports, accounting vouchers, trading books, documents relevant for taxation, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (trading letters).
7.13 Business-related processing
We also process
- contract data (e.g., subject of contract, term, customer category).
- payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
7.14 Order processing in the online shop and customer account
We process our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data include inventory data, communication data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services.
Processing is based on Art. 6 Para. 1 lit. b (Execution of order processes) and c (Archiving required by law) GDPR. The information marked as required is required to justify and fulfill the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permits and obligations towards legal advisers and authorities. The data will only be processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the customer's request for delivery or payment).
The deletion takes place after expiry of legal guarantee and comparable obligations, the necessity of storing the data is checked every three years; in the case of statutory archiving obligations, deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention).
7.15 External payment service provider
We use external payment service providers, through whose platforms the users and we can carry out payment transactions (e.g. Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy- full)).
In the context of fulfilling contracts, we use payment service providers on the basis of Art. 6 Para. 1 lit. b. GDPR. For the rest, we use external payment service providers based on our legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR in order to offer our users effective and secure payment options.
The data processed by the payment service providers includes inventory data, such as the name and address, bank details, such as Account numbers or credit card numbers, passwords, TANs and checksums as well as the contract, sums and recipient-related information. The information is required to complete the transactions. However, the data entered is only processed and stored by the payment service providers. I.e. we do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. The data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to verify identity and creditworthiness. We refer to the terms and conditions and data protection notices of the payment service providers.
For the payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be called up within the respective websites or transaction applications. We also refer to these for further information and assertion of cancellation, information and other data subject rights.
§ 8 liability for the content of this website
We are constantly developing the content of this website and strive to provide correct and current information. According to the Telemedia Act (TMG) §7 (1), as a service provider, we are responsible for our own information, which we provide for use, according to the general laws. Unfortunately, we cannot assume any liability for the correctness of all content on this website, especially for those provided by third parties. As a service provider within the meaning of sections 8 to 10, we are not obliged to monitor the information that you transmit or store or to investigate circumstances that indicate illegal activity. Our obligations to remove information or to block the use of information according to the general laws due to judicial or official orders remain unaffected even in the case of our non-responsibility according to §§ 8 to 10. If you notice problematic or illegal content, please contact us immediately so that we can remove the illegal content. You will find the contact details in the imprint. Liability for links on this website Our website contains links to other websites, the content of which we are not responsible for. We are not liable for linked websites, as we had no knowledge of illegal activities and we have not noticed any such illegal activity so far and we would remove links immediately if we became aware of any illegal activity. If you notice any illegal links on our website, please contact us. You will find the contact details in the imprint.
§ 9 Copyright Notice
All contents of this website (pictures, photos, texts, videos) are subject to the copyright of the Federal Republic of Germany. Please ask us before you distribute, reproduce or exploit the content of this website, such as republishing it on other websites. If necessary, we will legally prosecute the unauthorized use of parts of the content on our website. If you find content on this website that violates copyright, please contact us.
§ 10 Disclaimer
§ 11 Final Provisions
Only German law is applicable to the present general terms and conditions and the respective sales contract, excluding the UN sales law. In the event that the buyer is a consumer, this only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. Should one or more clauses of these terms and conditions be ineffective in whole or in part, this should not affect the validity of the remaining provisions.