GENERAL TERMS AND CONDITIONS B2B AND DATA PROTECTION INFORMATION (ART. 13 DSGVO)
BUELTEL WORLDWIDE FASHION GMBH & CO. KG
§ 1 GENERAL, REGISTRATION AS USER
(1) For the user relationship of the "B2B PORTAL" (currently available at: https://b2b.camelactive.de and hereinafter also: "trading system") as well as all contracts, deliveries and services agreed here between Bueltel Worldwide Fashion GmbH & Co. KG, Rheiner Str. 28, 48499 Salzbergen (hereinafter: "Bueltel Worldwide Fashion" or "we"/"us") and its users and marketing partners (hereinafter: "users" or "you") shall be governed exclusively by the following General Terms and Conditions of Business ("GTC") as amended from time to time. Bueltel Worldwide Fashion does not recognise any GTC of the user that deviate from these, unless the parties have expressly agreed otherwise in writing. Any reference to the user's terms and conditions in the form of a form is expressly rejected.
(2) Your registration to our trading system is free of charge. There is no entitlement to admission to our trading system. Bueltel Worldwide Fashion reserves the right to refuse the user's registration without giving reasons. Only natural persons or legal entities with unlimited legal capacity or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity (entrepreneurs, § 14 BGB) are entitled to participate. Consumers within the meaning of § 13 BGB are not eligible to participate. At our request, you must send us a copy of your identity card or extract from the commercial register. To register, you must electronically complete the registration form available on the trading system website. You must provide the data required for registration completely and truthfully. With the registration you choose a password, the user name corresponds to the email address you have given. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances. As soon as Bueltel Worldwide Fashion accepts the registration, the user receives a confirmation e-mail with the registration data and an activation link. On receipt of this confirmation e-mail, a contract of use for the platform "https:// b2b.camelactive.de" is concluded between the user and Bueltel Worldwide Fashion.
(3) Registration is not associated with any obligations. The user account can be terminated at any time by the user as well as by Bueltel Worldwide Fashion without giving reasons. You can delete your entry at any time on the trading system website under "My Account". Registration with us alone does not constitute any obligation to purchase the goods offered by us.
(4) If your personal details change, you are responsible for updating them yourself. All changes can be made online after registration under "My Account".
§ 2 DATA PROTECTION (INFORMATION ACCORDING TO ART. 13 DSGVO)
(1) All personal data provided by you (in particular title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) will be used exclusively in accordance with the provisions of the data protection laws applicable to us (in particular DSGVO and BDSG).
(2) This data protection notice applies to data processing by the responsible party: Bueltel Worldwide Fashion GmbH & Co. KG, Rheiner Str. 28, 48499 Salzbergen, Phone+49 (0)5976 27 800, Fax+49 (0)5976 94 76 100, E-Mail: welcome@Bueltel.com
(3) Your personal data, insofar as it is required for the establishment, content or amendment of the contractual relationship (inventory data), is collected exclusively in order to be able to identify you as a customer; to be able to provide you with appropriate information; for correspondence with you; for invoicing; for the settlement of any existing liability claims and the assertion of any claims against you; in order to be able to provide the trading system (Art. 6 para. 1 sentence 1 lit. b DSGVO). Any further use of your inventory data for the purposes of advertising, market research or the needs-based design of our offers requires your express consent (Art. 6 para. 1 sentence 1 lit. a DSGVO).
(4) The personal data collected by us for the contractual relationship will be stored until the end of the contractual relationship and then deleted, unless we are obliged to store it for a longer period in accordance with Article 6 (1) sentence 1 lit. c DSGVO due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO), the statutory limitation periods require storage or you have consented to storage beyond this in accordance with Article 6 (1) sentence 1 lit. a DSGVO. If you have given your consent, your data will be processed to the extent covered by your consent. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 ff. of the German Civil Code (Bürgerliches Gesetzbuch), are usually three years, but in certain cases can be up to 30 years.
(5) Disclosure of data to third parties
Your data will only be passed on if a legal basis permits this. Within our company, your data will be passed on to those departments that need it to fulfil their contractual and legal obligations. In addition, the following bodies may receive your data:
- Contract data processors used by us (Art. 28 DSGVO), in particular in the area of IT services, who process your data for us in accordance with instructions.
- Public bodies and institutions (e.g. tax authorities) in the event of a legal or official obligation, as well as
- other bodies for which you have given us your consent to the transfer of data.
(6) Data subject rights:
You have the right
- In accordance with Art. 7 (3) DSGVO, to revoke your consent given to us at any time. This means that we may no longer continue the data processing based on this consent in the future;
- To request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
- Demand the correction of inaccurate or incomplete personal data stored by us without undue delay in accordance with Art. 16 DSGVO;
- Pursuant to Article 17 of the GDPR, to request the erasure of your personal data stored by us, unless 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 defence of legal claims;
- In accordance with Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
- Pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
- Complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose (North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information, e-mail: firstname.lastname@example.org).
(7) Insofar as your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so that arise from your particular situation. If you wish to exercise your right of objection, it is sufficient to send an e-mail to welcome@Bueltel.com.
§ 3 CONCLUSION OF CONTRACT, SHIPPING COSTS AND TERMS OF PAYMENT
(1) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB (German Civil Code). A purchase contract is only concluded upon dispatch of our dispatch confirmation or, at the latest, upon delivery of the goods, which then constitutes acceptance of the declaration on the part of Bueltel Worldwide Fashion.
(2) The buyer shall bear the shipping costs of the ordered goods. A flat rate shipping charge of EUR 5.90 will be made within Germany, EUR 24,95 for international shipments.
(3) Payment of the invoice must be made net cash within 14 days of the invoice date.
§ 4 LIMITATION OF LIABILITY
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 5 APPLICABLE LAW AND PLACE OF JURISDICTION
German law shall apply to all contracts concluded via this trading system. The place of performance and exclusive place of jurisdiction is Osnabrück, Germany (Osnabrück Local Court or Osnabrück Regional Court). Notwithstanding the foregoing, we may also take legal action against a customer at the customer's principal place of business.
§ 6 APPLICATION OF THE STANDARD TERMS AND CONDITIONS OF THE GERMAN TEXTILE INDUSTRY
The Standard Terms and Conditions of the German Textile Industry as amended on 01.01.2020 shall apply to all contracts concluded via this trading system. You can view and download the Terms and Conditions at https://textil-mode.de/media/documents/EB-01-01-2020_Leseversion.pdf. We will also be pleased to send them to you on request. In the event of deviating provisions, these GTC shall take precedence over the Standard Terms and Conditions of the German Textile Industry.