Terms of Service & Privacy
Terms of Service
1. Scope
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Arc&Us UG (haftungsbeschränkt).
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up at Arc&Us UG, Wiesentalstr. 79, 79618 Rheinfelden - Minseln, Germany during the following business hours: Monday to Friday from 9:00 to 17:00, excluding public holidays ..
5. Payment
Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
SEPA Direct Debit
By submitting the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called Prenotification). By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged.
The account will be charged after the goods have been shipped.
The deadline for the advance notice of the date of the account debit (so-called Prenotification period) is 1 day.
PayPal
In the order 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 first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
PayPal: There are plus 1.9 percent of the purchase price as a cost.
PayPal Plus
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the payment order and after your legitimacy as a legitimate cardholder. You'll get more information during the ordering process.
If you have selected the payment method Invoice, you do not have to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and delivery of the order, we withdraw our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. For the payment via PayPal apply - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal. For more information and the complete terms and conditions of PayPal to purchase the invoice can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
If you select a payment method via PayPal Plus plus 2.94 percent of the purchase price as a cost.
SOFORTÜBERWEISUNG
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN procedure activated for participation in SOFORT Überweisung, have yourself legitimized and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately after that by SOFORT Überweisung and your account will be debited.
There are plus. 0.9 percent of the purchase price as a cost.
Amazon Pay
In the ordering process you will be redirected to the website of the online provider Amazon before the end of the order process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method stored on Amazon, confirm the use of your data by Amazon and the payment order to us. Afterwards you will be redirected to our online shop, where you can complete the order process.
Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction will be performed automatically by Amazon. You'll get more information during the ordering process.
Bill
Term of payment 30 days, 2% discount if payment within 10 days
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until complete settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, as far as agreed
• as far as the scope of the product liability law is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer Service: You can contact our customer service for any questions, complaints and complaints on weekdays from 9:00 am to 5:00 pm by phone at 07623795033 or by e-mail at support@tophatarchery.com.
9. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• with guarantee promise, if agreed, or
• as far as the scope of the product liability law is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Data protection
We appreciate your interest in our online shop. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
1. Access data and hosting
You can visit our websites without giving any personal information. Each time a web page is called, the web server merely automatically stores a so-called server log file, which can contain, for example, the name of the requested file, your IP address, the date and time of the retrieval, the amount of data transferred and the requesting provider (access data). It documents the retrieval.
These access data are evaluated exclusively for ensuring a trouble-free operation of the site as well as the improvement of our offer. In accordance with Art. 6 para. 1 sentence 1 lit. F GDPR the preservation of our legitimate interests, which predominate in the context of a weighing up of interests, in a correct presentation of our offer. All access data will be deleted no later than seven days after the end of your page visit.
Hosting services by a third party
Within the framework of a processing on our behalf, a third-party provider provides the services for hosting and displaying the website. This serves to safeguard our legitimate interests, which are predominantly justified in the interests of weighing up our interests, to correctly present our offer. All data collected as part of the use of this website or in designated forms in the online shop as described below will be processed on its servers. Processing on other servers takes place only in the frame 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 and opening a customer account
We collect personal information if you voluntarily provide it to us as part of your order, when contacting us (for example, by contact form or e-mail) or when opening a customer account. Obligatory fields are marked as such, since in these cases we need the data for contract execution, or to process your contact or opening the customer account and you cannot complete the order and / or opening the account without this information, or cannot send the contact. Which data are collected, can be seen from the respective input forms. We use the data communicated by you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for contract handling and processing of your inquiries. After completion of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the tax and commercial retention periods, unless you have expressly consented to a further use of your data or we reserve the right to further data use about which we inform you in this statement. The deletion of your customer account is possible at any time and can be done either by a message to the contact option described below or via a designated function in the customer account.
3. Data transfer
For fulfillment of the contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR we pass on your data to the shipping company responsible for the delivery, as far as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the order process, we will forward payment data collected to the credit institution commissioned with the payment and any payment service providers commissioned by us to process the payments or to the selected payment service. In part, the selected payment service providers also collect this data themselves, presumed that you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
4. E-mail newsletter
E-mail advertising with registration to the newsletter
If you subscribe to our newsletter, we will use the data required or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. GDPR.
The deregistration from the newsletter is possible at any time and can be done either by a message to the contact option described below or via a dedicated link in the newsletter. After unsubscribing we delete your e-mail address, as far as you have not expressly consented to a further use of your data or we reserve the right to further data use, which is permitted by law and about which we inform you in this statement.
The newsletter is sent as part of a processing on our behalf by a service provider, to which we pass on your e-mail address.
This service provider is located in the US and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Under the agreement between the US and the European Commission, the latter has established an appropriate level of data protection for companies certified under the Privacy Shield.
5. Data usage in payment processing
Hire-purchase
When selecting the payment method "installment purchase" and granting the necessary data protection consent in accordance with Art. 6 para. 1 p. 1 lit. a GDPR personal data (first name, last name, address, email, telephone number, date of birth, IP address, gender) together with the data required for transaction processing (article, invoice amount, due dates, total amount, invoice number, taxes, currency, order date and time of order) for the purpose of processing this method of payment to our partner PayPal (Europe) S.à rl et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
In order to verify the identity or creditworthiness of the customer, our partner carries out inquiries and information with publicly accessible databases as well as with credit reporting agencies. The providers, where information and, if necessary, creditworthiness information are obtained on the basis of mathematical-statistical procedures, as well as further details on the processing of your data after transmission to our partner PayPal (Europe) S.à r.l. et Cie, S.C.A. please refer to its privacy policy, which can be found here: https://www.paypal.com/en/webapps/mpp/ua/privacy-full?locale.x=en_US
The received information about the statistical probability of a default of payment is used by our partner PayPal (Europe) S.à r.l. et Cie, S.C.A. for a balanced decision on the establishment, implementation or termination of the contractual relationship. You have the possibility to contact our partner PayPal (Europe) S.à r.l. et Cie, S.C.A. to present their point of view and to challenge the decision.
The consent given to the data transfer in the order process by consent can be revoked at any time, even without stating reasons, with effect for the future.
6. Cookies
In order to make the visit to 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, which predominate in the context of a weighing up of interests, in order to optimize the presentation of our offer in accordance with Art. 6 (1) sentence 1 lit. f GDPR. Cookies are small text files that are automatically stored on your device. Some of the cookies we use are deleted after the end of the browser session (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser on your next visit (persistent cookies). The duration of the storage can be found 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 individually decide on their acceptance or exclude the acceptance of cookies for specific cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the Help menu of each browser, which explains how to change your cookie settings. These can be found for the respective browser under the following links:
Internet Explorer ™: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
Safari ™: https://support.apple.com/kb/ph21411?locale=en_US
Chrome ™: http://support.google.com/chrome/bin/answer.py?hl=en&hlrm=en&answer=95647
Firefox ™ https://support.mozilla.org/en/kb/cookies-allow-and-recognize
Opera ™: http://help.opera.com/Windows/10.20/en/cookies.html
Failure to accept cookies may limit the functionality of our website.
7. Social Media PlugIns
Youtube video plugins
On this website content from third party providers are included. This content is provided by Google LLC ("Provider"). Youtube is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").
For videos from Youtube that are included on our site, the advanced privacy setting is enabled. This means that no information is collected and stored on Youtube by website visitors, unless they are playing the video. The integration of the videos serves the preservation of our legitimate interests, which predominate in the context of a weighing up of interests, in an optimal marketing of our offer in accordance with Art. 6 (1) sentence 1 lit. f GDPR.
For information on the purpose and scope of the data collection and the further processing and use of the data by the providers, as well as their rights and setting options for the protection of your privacy, please refer to the privacy policy of Google http://www.google.com/intl/de/+/policy /+1button.html.
8. Contact and your rights
As a victim, you have the following rights:
• pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us in the scope specified therein;
• in accordance with Art. 16 GDPR, the right to demand immediate correction of incorrect or complete personal data stored with us;
• according to Art. 17 GDPR the right to demand the deletion of your personal data stored by us, unless the further processing
- to exercise the right to freedom of expression and information;
- to fulfill a legal obligation;
- for reasons of public interest or
- to assert, exercise or defend legal claims
is required;
• according to Art. 18 GDPR the right to demand the restriction of the processing of your personal data, as far as
- the accuracy of the data is disputed by you;
- the processing is unlawful, but you reject its deletion;
- we no longer need the data, but you need it for asserting, exercising or defending legal claims or
- you filed an objection against the processing in accordance with Art. 21 GDPR;
• according to Art. 20 GDPR, the right to receive your personal data provided to us in a structured, common and machine-readable format or to request transmission to another person responsible;
• according to Art. 77 GDPR, 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 our company headquarters.
For questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data and revocation of granted consent or objection to a particular use of data, please contact us directly via the contact details in our imprint.
Right of objection
To the extent that we process personal data as explained above in order to safeguard our legitimate interests, which are predominant in the context of a weighing up of interests, you can object to this processing with effect for the future. If the processing is for the purpose of direct marketing, you can exercise this right at any time as described above. Insofar as the processing takes place for other purposes, you are only entitled to a right of objection if there are reasons that arise from your particular situation.
After exercising your right to object, we will not further process your personal data for these purposes, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing of the assertion, exercise or defense of Legal claims serves.
This does not apply if the processing is for direct marketing purposes. Then we will not process your personal data for this purpose.