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Terms and Conditions – BY COPALA

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General Terms and Conditions with Customer Information & Data Protection Information & Right of Withdrawal & Cancellation Form
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Table of Contents
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A. General Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects
8. Applicable Law


B. Data Protection Information
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1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting Us
3. Data Processing for Order Fulfillment
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to the Privacy Policy

C. Right of Withdrawal Instruction
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1. Right of Withdrawal
2. Consequences of Withdrawal
3. Exclusion or Premature Expiry of the Right of Withdrawal

D. Cancellation Form
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A. General Terms and Conditions with Customer Information
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1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sujittra Springer, operating under "BY COPALA" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller on the Shopify online trading platform (hereinafter "Shopify"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 By listing an item on Shopify, the Seller makes a binding offer to sell this item.
2.2 The Customer can accept the Seller's offer via the online order form available on Shopify. To do this, the Customer must first place the desired item in the virtual shopping cart on Shopify and then complete the order steps specified by Shopify. By clicking the button that concludes the order process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the Customer.
2.3 The contract text will be stored by the Seller and sent to the Customer after the conclusion of the contract, together with these GTC and customer information, in text form (e.g., email, fax, or letter). The Seller will not make the contract text accessible beyond this.
2.4 Before submitting the binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries before submitting the binding order within the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not members of a European Union member state at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Terms
4.1 The prices stated by the Seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's offer on Shopify.
4.4 Shopify may use third-party payment services for payment processing. The specific payment method(s) available for the respective goods will be displayed to the Customer in the Seller's respective offer or during the order process.
4.5 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 When selecting the "PayPal" payment method, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal User Agreement, which can be viewed at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the Customer opens a PayPal account or already has such an account.

5) Delivery and Shipping Conditions
5.1 Goods are delivered by shipment to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order process on Shopify is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provisions made in the Seller's cancellation policy shall apply.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

6) Retention of Title
If the Seller performs in advance, they retain title to the delivered goods until full payment of the owed purchase price.

7) Liability for Defects
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the supply of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, it has no effect on their statutory or contractual claims for defects.

8) Applicable Law
8.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.



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B. Data Protection Information
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1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our Shopify presence (hereinafter "Website") and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is Sujittra Springer, BY COPALA, Alter Deich 3 (Hinterhaus), 21109 Hamburg, Germany, Tel.: 017663242697, E-mail: hello@bycopala.com. The controller for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Contacting Us
When contacting us (e.g., via contact form or email), personal data is collected; you can see what data this is from the contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact aims at concluding a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request, which is the case when it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that no statutory retention obligations conflict with this.

3) Data Processing for Order Fulfillment
3.1 Insofar as necessary for the fulfillment of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.
If, on the basis of a corresponding contract, we owe you updates for goods with digital elements or for digital products, we process the contact data transmitted by you when ordering (name, address, email address) to personally inform you about upcoming updates within the legally provided period via a suitable communication channel (e.g., by post or email) within the scope of our legal information obligations in accordance with Art. 6 Para. 1 lit. c GDPR. Your contact data will be used strictly for the purpose of communicating updates owed by us and will only be processed by us to the extent necessary for the respective information.
To process your order, we also work with the following service provider(s) who assist us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.2 Order processing is carried out via the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data will be passed on to Billbee exclusively for the purpose of processing the online order in accordance with Art. 6 Para. 1 lit. b GDPR. The transfer of your data will only take place insofar as this is actually necessary for the processing of the order. Details on data protection at Billbee and Billbee's data protection declaration can be found on Billbee's website at "billbee.io".

3.3 When paying by credit card via PayPal or by direct debit via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.

4) Rights of the Data Subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) against the controller with regard to the processing of your personal data, which we inform you about below:
- Right of access pursuant to Art. 15 GDPR: In particular, you have a right to obtain information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the significance and envisaged consequences of such processing for you, as well as your right to be informed about what safeguards pursuant to Art. 46 GDPR exist when your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain without undue delay the rectification of inaccurate data concerning you and/or the completion of incomplete data stored by us;
- Right to erasure pursuant to Art. 17 GDPR: You have the right to demand the erasure of your personal data if the conditions of Art. 17 Para. 1 GDPR are met. However, this right does not exist, in particular, if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data disputed by you is being verified, if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data, if you need your data for the establishment, exercise or defense of legal claims after we no longer need this data for the purpose, or if you have objected to processing for reasons relating to your particular situation, as long as it has not yet been determined whether our legitimate grounds override;
- Right to notification pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format or to request transmission to another controller, insofar as this is technically feasible;
- Right to withdraw consent given pursuant to Art. 7 Para. 3 GDPR: You have the right to withdraw consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will delete the data concerned without undue delay, unless further processing can be based on a legal basis for processing without consent.Revocation of consent does not affect the lawfulness of processing carried out on the basis of consent until revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you are of the opinion that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

5) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and – if applicable – additionally by the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an explicit consent pursuant to Art. 6 (1) lit. a GDPR, this data will be stored until the data subject revokes his consent.
If there are statutory retention periods for data that are processed within the framework of legal or legal-like obligations on the basis of Art. 6 (1) lit. b GDPR, these data will be routinely deleted after the expiry of the retention periods, unless they are no longer required for the fulfillment or initiation of a contract and/or we no longer have a legitimate interest in further storage.
When processing personal data on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until the data subject exercises his right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defense of legal claims.
When processing personal data for direct marketing purposes on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until the data subject exercises his right to object pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.


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C. Right of Withdrawal
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Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Sujittra Springer, BY COPALA, Alter Deich 3 (Hinterhaus), 21109 Hamburg, Germany, Tel.: 017663242697, E-Mail: hello@bycopala.com) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we must repay all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
In contracts for the delivery of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than twenty-one days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the 30-day period.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, properties and functionality.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

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D. Withdrawal form
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If you wish to withdraw from the contract, please fill out this form and send it back.
To
Sujittra Springer
BY COPALA
Alter Deich 3 (Hinterhaus)
21109 Hamburg
Germany
Email: hello@bycopala.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only for notification on paper)
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Date
(*) Delete as appropriate



Copyright notice: These terms and conditions were created by the specialist lawyers of IT-Recht Kanzlei under DOC-ID: ##ITK-a97e5306489431441d567615e416025f## and are protected by copyright (www.it-recht-kanzlei.de)

Status: 17.12.2021, 13:17:45