I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Khelga Rail) via the www.vintage-cottage.eu website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) If we notify you of this prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Khelga Rail
Viktoria-Luise-Str. 5
21614 Buxtehude
Germany
Telephone: 01634823567
E-Mail: khelga.rail@gmx.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 22.10.2024
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Server log files
You can use our websites without submitting personal data.
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
Your data may be transferred to third countries outside the European Union for which an adequacy decision has been made by the EU Commission.
Contact
Responsible person
Contact us at any time. The person responsible for data processing is: Khelga Rail, Viktoria-Luise-Str. 5, 21614 Buxtehude Deutschland, 0163 4823567, khelga.rail@gmx.de
Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
Collection and processing when using the contact form
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
Collection and processing when images are sent by e-mail
You have the option to send us images via e-mail in connection with the order of a personalized product.
With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g. T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b) GDPR and is required for the completion of a contract with you.
Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods, provided that you have not consented to further processing and use.
Customer account Orders
Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Your data may be transferred to third countries outside the European Union for which an adequacy decision has been made by the EU Commission.
Payment service providers
The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.
Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:
- Apple Pay (Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland)
- Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.
For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Use of the EU Cookie Law Plug-in
We use the open source software EU Cookie Law Plug-in on our website.
The plug-in enables you to give your consent to data processing via the website, in particular to set cookies, as well as to make use of your right of revocation for consents already provided. The data processing serves the purpose of obtaining and documenting necessary consents to data processing and thus to comply with legal obligations. Cookies may be deployed for this purpose. This may process information about your consent status, among other things.
The data processing is carried out on the basis of Article 6 para. 1 lit. c GDPR to comply with a legal obligation.
You can find more information at: https://de.wordpress.org/plugins/eu-cookie-law/
Plug-ins
Use of Google Fonts
We use Google Fonts from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website.
The data processing serves to facilitate the consistent display of fonts on our website. In order to load the fonts, a connection to Google servers is established when the page is accessed. Among other things, your IP address and information about the browser you are using will be processed and transmitted to Google. This data is not linked to your Google account. Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on the data processing and data protection at https://www.google.de/intl/de/policies/ and at https://developers.google.com/fonts/faq.
Use of Google Translate
We use the translation service of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on our website via API integration. The data processing serves the purpose of presenting the information provided on the website in a different language. In order for the translation to be automatically displayed after you have selected a national language, the browser you are using connects to the Google servers. Cookies may be used for this purpose. Thereby, among other things, the following information can be collected and processed: IP address, URL of the page visited, date and time. Your data may be transferred to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can find more information on the collection and use of your data by Google at: https://www.google.com/policies/privacy/.
Rights of persons affected and storage duration
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Landesbeauftragte für den Datenschutz Niedersachsen
Prinzenstraße 5
30159 Hannover
Tel.: +49 511 1204500
Fax: +49 511 1204599
E-Mail: poststelle@lfd.niedersachsen.de
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
If the initial contact occurs for other reasons, this data processing takes place on the basis of
Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and
responding to your request. In this case, on grounds relating to your particular situation,
you have the right to object at any time to this processing of personal data concerning you
and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be
deleted, unless you have agreed to further processing and use.
Collection and processing when images are sent by e-mail
You have the option to send us images via e-mail in connection with the order of a
personalized product.
With the transmission of your images, we may collect your personal data (image of an
identifiable person) only to the extent provided by you. The purpose of data processing is to
create personalized products. The sent image serves as a template for the product and is
used for this purpose (e.g. T-shirt print). The processing is carried out on the basis of Art. 6
para. 1(b) GDPR and is required for the completion of a contract with you.
Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be
deleted subject to legal retention periods, provided that you have not consented to further
processing and use.
Customer account Orders
Customer account
When you open a customer account, we will collect your personal data in the scope given
there. The data processing is for the purpose of improving your shopping experience and
simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a
GDPR with your consent. You can withdraw your consent at any time by contacting us
without affecting the legality of the processing carried out with your consent up to the
withdrawal. Your customer account will then be deleted.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is
necessary for the fulfilment and handling of your order as well as processing of your queries.
The provision of data is necessary for conclusion of a contract. Failure to provide it will
prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1)
b) GDPR and is required for the fulfilment of a contract with you.
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment
providers, payment service providers, service providers for order processing, and IT service
providers. We will comply strictly with legal requirements in every case. The scope of data
transmission is restricted to a minimum.
Your data may be transferred to third countries outside the European Union for which an
adequacy decision has been made by the EU Commission.
Payment service providers
The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24
Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves
the purpose of being able to offer you payment via the payment service. With the selection
and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later"
via PayPal, the data required for payment processing is transmitted to PayPal in order to be
able to fulfill the contract with you with the selected payment method. This processing is
based on Art. 6 para. 1 lit. b DSGVO.
Cookies may be stored that enable your browser to be recognised. The resulting data
processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate
interest in a customer-oriented range of varying payment methods. On grounds relating to
your particular situation, you have the right to object at any time to this processing of
personal data concerning you.
Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or
"Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on
the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal
transmits the personal data required for a credit check to a credit agency and uses the
information received about the statistical probability of a payment default for a weighed
decision on the establishment, implementation or termination of the contractual
relationship. The credit information may include probability values (score values), which are
calculated on the basis of scientifically recognized mathematical-statistical methods and in
the calculation of which, among other things, address data are included. Your interests
worthy of protection are taken into account in accordance with the statutory provisions. The
data processing serves the purpose of credit assessment for a contract initiation. The
processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate
interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you
based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying
PayPal. The provision of the data is necessary for the conclusion of the contract with the
payment method requested by you. Failure to provide it will result in the contract not being
concluded with the payment method you have chosen.
Local third-party providers
When paying via the payment method of a local third-party provider, the data required for
payment processing is transmitted to PayPal. This processing takes place on the basis of Art.
6 para. 1 lit. b DSGVO. For the execution of this payment method, the data may then be
forwarded by PayPal to the respective provider. This processing takes place on the basis of
Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:
Apple Pay (Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill,
Cork, Ireland)
Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5,
Ireland)
giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process
the payment is first transmitted to PayPal. For the execution of this payment method, the
data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin;
"Ratepay") in order to be able to fulfill the contract with you with the selected payment
method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a
credit check on the basis of mathematical-statistical methods using credit agencies according
to the procedure already described above. The data processing serves the purpose of credit
assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f
DSGVO from our overriding legitimate interest in protecting against payment default when
Ratepay makes advance payments. For more information on data protection and which
credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-
dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.
For more information on data processing when using PayPal, please see the associated
privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet
browser or by the user’s internet browser on their computer system. When a user calls up a
website, a cookie may be saved on the user’s operating system. This cookie contains a
characteristic character string which allows the browser to be clearly identified when the
website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of
cookies. By choosing corresponding technical settings in your internet browser, you can be
notified before the setting of cookies and you can decide whether to accept this setting in
each individual case as well as prevent the storage of cookies and transmission of the data
they contain. Cookies which have already been saved may be deleted at any time. We
would, however, like to point out that this may prevent you from making full use of all the
functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among
other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-
edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-
preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-
sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only
these technically necessary cookies cookies to make our offering more user-friendly,
effective and secure. Cookies also allow our systems to recognise your browser after a page
change and to offer you services. Some functions of our website cannot be offered without
the use of cookies. These services require the browser to be recognised again after a page
change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2
TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely
justified interest in ensuring the optimal functionality of the website as well as a user-
friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f
GDPR, for reasons relating to your personal situation.
Use of the EU Cookie Law Plug-in
We use the open source software EU Cookie Law Plug-in on our website.
The plug-in enables you to give your consent to data processing via the website, in particular
to set cookies, as well as to make use of your right of revocation for consents already
provided. The data processing serves the purpose of obtaining and documenting necessary
consents to data processing and thus to comply with legal obligations. Cookies may be
deployed for this purpose. This may process information about your consent status, among
other things.
The data processing is carried out on the basis of Article 6 para. 1 lit. c GDPR to comply with
a legal obligation.
You can find more information at: https://de.wordpress.org/plugins/eu-cookie-law/
Plug-ins
Use of Google Fonts
We use Google Fonts from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4,
Ireland; "Google") on our website.
The data processing serves to facilitate the consistent display of fonts on our website. In
order to load the fonts, a connection to Google servers is established when the page is
accessed. Among other things, your IP address and information about the browser you are
using will be processed and transmitted to Google. This data is not linked to your Google
account. Your data may be transmitted to the USA. For the USA, there is an adequacy
decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF).
Google has certified itself in accordance with the TADPF and has thus undertaken to comply
with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis
of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of
your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR.
You can withdraw your consent at any time without affecting the legality of the processing
carried out with your consent up to the withdrawal.
You can find more detailed information on the data processing and data protection at
https://www.google.de/intl/de/policies/ and at https://developers.google.com/fonts/faq.
Use of Google Translate
We use the translation service of Google Ireland Limited (Gordon House, Barrow Street,
Dublin 4, Ireland) on our website via API integration. The data processing serves the purpose
of presenting the information provided on the website in a different language. In order for
the translation to be automatically displayed after you have selected a national language,
the browser you are using connects to the Google servers. Cookies may be used for this
purpose. Thereby, among other things, the following information can be collected and
processed: IP address, URL of the page visited, date and time. Your data may be transferred
to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-
Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the
TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis
of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of
your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR.
You can withdraw your consent at any time without affecting the legality of the processing
carried out with your consent up to the withdrawal. You can find more information on the
collection and use of your data by Google at: https://www.google.com/policies/privacy/.
Rights of persons affected and storage duration
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration
of the warranty period, then in accordance with the retention periods prescribed by law,
especially tax and commercial law, and then deleted after the period has elapsed, unless you
have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20
GDPR: Right to information, correction, deletion, restriction of processing, data portability.
You also have a right of objection against processing based on art. 6 (1) GDPR, and to
processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you
believe that your data is not being processed legally.
You can lodge a complaint with, among others, the supervisory authority responsible for us,
which you may reach at the following contact details:Landesbeauftragte für den Datenschutz
Niedersachsen
Prinzenstraße 5
30159 Hannover
Tel.: +49 511 1204500
Fax: +49 511 1204599
E-Mail: poststelle@lfd.niedersachsen.de
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with
Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to
object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can
demonstrate compelling legitimate grounds for the processing that outweigh your interests
or rights and freedoms, or the processing is intended for the assertion, exercise or defence
of legal claims.
last update: 22.10.2024
About Us
Legal website operator identification:
Khelga Rail
Gebrauchtwarenhandel aus Haushaltsauflösungen im In und Ausland
Viktoria-Luise-Str. 5
21614 Buxtehude
Germany
Telephone: 01634823567
E-Mail: khelga.rail@gmx.de
WhatsApp, Telegram, Instagram,
VAT identification number: DE423477214
VAT exempt (small business regulation)
In accordance with Section 19 UStG (VAT Act) we do not charge German VAT, and consequently do not quote this on our invoices (small business).
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
Legal provider identification
Khelga Rail
Trade in used goods from household clearances at home and abroad
Viktoria-Luise-Str. 5
21614 Buxtehude
Germany
Telephone: 01634823567
Email: khelga.rail@gmx.de
WhatsApp, Telegram , Instagram,
Due to the small business status, VAT is not shown on the invoice in accordance with Section 19 UStG.
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr (https://ec.europa.eu/consumers/odr).
We are willing, but not obliged, to take part in dispute resolution proceedings before consumer arbitration boards.
The following terms and conditions apply:
The products are delivered all over the world.
Dispatch costs (inclusive of legally applicable VAT)
Domestic deliveries (Germany):
We charge shipping costs on the basis of the shipping weight:
Versand mit DHL
Deliveries to foreign countries:
We charge shipping costs for deliveries to foreign countries on the basis of the order value (gross product value):
Versand mit DHL
Delivery periods
Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 5 - 7 days, for deliveries abroad within 14 - 28 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Sundays and other holidays.
If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
Accepted Payment options
- Prepayment via transfer
via PayPal Checkout:
- Payment via PayPal
- Payment via credit card
In case of questions, please contact us at the contact details mentioned in the Legal Notice.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
To exercise your right of withdrawal, you must inform us (Khelga Rail, Viktoria-Luise-Str. 5, 21614 Buxtehude, Telephone number: 0163 4823567, E-Mail address: khelga.rail@gmx.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Khelga Rail, Viktoria-Luise-Str. 5, 21614 Buxtehude, Email address: khelga.rail@gmx.de :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.