Conditions of Use

Standard Business Terms and customer information

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 (Dieckmann Aroma Kaffee GmbH & Co. KG) via the www.dieckmann-aroma-kaffee.de 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) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(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 by “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
For payment methods like “secupay credit card”, “secupay direct debit” or “secupay purchase on account”, we irrevocably and fully cede our payment claim against you to secupay AG Goethestr. 6, 01896 Pulsnitz. Before accepting the transfer, secupay AG shall undertake a credit check, using the data provided during the order.
We reserve the right to refuse your selected form of payment as a result of the credit check. You will be informed about this prior to the dispatch of your order.
If the “secupay credit card” or “secupay direct debit” form of payment is permitted, secupay AG accepts the cession and subsequently collects the payment via your credit card or a direct debit operation associated with your account. The debiting of your bank account or credit card account takes place upon completion of the order.
With the approval of the “secupay purchase on account” form of payment, secupay AG accepts the cession, and the ordered product is delivered or dispatched to you along with the bill. The purchase price is payable to secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after the products are delivered
.

(2) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.

The debit note is collected within a period of  6-10 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.

§ 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) 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.

§ 6 Choice of law, place of fulfilment, jurisdiction

(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) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) 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

Dieckmann Aroma Kaffee GmbH & Co. KG
Speicherhof 301
28217 Bremen
Germany
Telephone: 0421 322675 0
E-Mail: mail@dieckmann-kaffee.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.


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.

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.
 

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 is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 

Contact       Evaluations       Newsletter      

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. By submitting your message you agree to the processing of your transmitted data. 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. 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.
 
Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. 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 without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 

Shipping companies      

Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. 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 or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
 

Payment service providers       Credit check      

Use of PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en


Data collection and processing when paying by credit card, direct debit and invoice via secupay AG
We have integrated the components secupay.Lastschrift (direct debit), secupay.Rechnungskauf (payment by invoice) and secupay.Kreditkarte (credit card) by secupay AG (Goethstr. 6, 01896 Pulsnitz; “secupay”) into our website. secupay is a payment institute in the sense of the Zahlungsdiensteaufsichtsgesetz (Payment Services Supervision Act - ZAG) registered with the Federal Financial Supervisory Authority (Graurheindorfer Str. 108, 53117 Bonn; “BaFin” (register number: 126737) and facilitates cashless payment for products and services online. secupay forms a procedure allowing the claim for the purchase price to be assigned to secupay. This allows a retailer to deliver goods, services or downloads to the customer immediately after the order is placed. If you choose “direct debit”, “payment by invoice” or “credit card” via secupay when ordering from us, your data will automatically be transmitted to secupay. By choosing one of these payment options you agree to transmission of your personal data as necessary for handling the payment. When handling the purchase via secupay, your payment method data is transmitted to secupay. secupay then carries out a technical check on the risk of payment default. The online retailer is then automatically notified that the financial transaction has been carried out. The personal data exchanged with secupay includes first name, last name, address, email address, IP address, phone number and other data which is required for handling the payment. Data is transmitted in order to process your payment and prevent fraud. We will also transmit other personal data to secupay if there is a justified interest in doing so. The personal data exchanged between us and secupay may be transmitted by secupay to credit agencies. This transmission is for the purpose of identity and credit checking. secupay may forward the personal data to affiliated companies and service providers or subcontractors where this is necessary for the fulfilment of contractual obligations or the data is to be processed on its behalf. You have the option of withdrawing your consent for secupay to handle your data at any time. Withdrawal will not affect personal data which have to be processed, used or transmitted for (contractually compliant) payment processing. secupay’s applicable data protection provisions can be found at https://www.secupay.com/en/privacy-policy.
 

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.
We use these 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.
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.
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
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
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



Analysis      Advertising      

The data processing described subsequently in this section, especially the setting of cookies, will be carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest:

- in the needs-based and target-oriented design of our website, for example, with tools for analysis and statistics

- in addressing the website visitors in a targeted manner using interest-based advertisement, e.g. using conversion tracking

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 Google Analytics 
Our website uses the web analysis service Google Analytics by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”).
Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller responsible for your data if you have your habitual residence in the European Economic Area or Switzerland. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for compliance with applicable data protection laws.
The processing of data serves to analyse this website and its visitors. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. The IP address communicated by your browser as part of Google Analytics is not associated with any other data held by Google. Google Analytics uses cookies, which make it possible to analyse your use of the website. The information generated by the cookie regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website. Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Your data may be transmitted to the USA. Following the US-EU Data Protection Agreement, Google has become “Privacy Shield“ certified and is therefore obliged to observe European data protection laws.  You can prevent collection of the data (including your IP address) generated by the cookies and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=en]. You can set an opt-out cookie to prevent collection by Google Analytics across devices. Opt-out cookies prevent the future collection of your data when you visit this website. You need to opt-out on all systems and devices in use for this to work comprehensively. If you click here, the opt-out cookie is set: Disable Google Analytics.  
You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/gb.html and at https://policies.google.com/?hl=en.
 

Use of the remarketing or “similar target groups” function by Google 
Our website uses the remarketing or “similar target groups” function by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”).
Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller responsible for your data if you have your habitual residence in the European Economic Area or Switzerland. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for compliance with applicable data protection laws.
This function serves to analyse visitor behaviour and visitor interests. Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account. Your data may also be transmitted to the USA. Following the US-EU Data Protection Agreement, Google has become “Privacy Shield“ certified and is therefore obliged to observe European data protection laws. For this purpose you can permanently deactivate the use of cookies by following the link below and downloading and installing the plug-in: support.google.com/ads/answer/7395996?hl=en
Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the opt-out instructions. You can find more detailed information on Google remarketing as well as the associated data protection declaration at: https://www.google.com/privacy/ads/

 
Use of Google Ads conversion tracking
Our website uses the online marketing programme “Google Ads”, including conversion tracking. Google conversion tracking is a service operated by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”).

Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller responsible for your data if you have your habitual residence in the European Economic Area or Switzerland. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for compliance with applicable data protection laws.
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a separate cookie. Therefore, it is not possible to track cookies relating to the websites of AdWords customers. The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users. You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser. We would, however, like to point out that this may prevent you from making full use of all the functions of this website. You will then not be included in the conversion tracking statistics.You can also deactivate personalised advertising in Google’s advertising settings. You can find an introduction to this at https://support.google.com/ads/answer/2662922?hl=en You can also deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the opt-out instructions.You will find more information as well as Google’s data protection declaration at: https://www.google.de/policies/privacy/

 

Plug-ins

Use of YouTube
Our website uses the function for the embedding of YouTube videos provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “YouTube”). YouTube is an affiliated company of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA;“Google”).
This feature shows YouTube videos in an iFrame on the website. The option “advanced privacy mode” is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube.
Your data may also be transmitted to the USA. Following the US-EU Data Protection Agreement, Google has become “Privacy Shield“ certified and is therefore obliged to observe European data protection laws. 
Further information on the data collected and used by YouTube and Google, your rights and privacy can be found in YouTube’s privacy policy (https://policies.google.com/privacy?hl=en).
 

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.
 
Contact us at any time. Our contact details can be found in our imprint.
 
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.
 
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 personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
 
last update: 19.11.2018