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General Terms and Conditions of Business Including Customer Data and Data Privacy Terms

A. General Terms and Conditions of Business and Customer Privacy

Scope of Application
Conclusion of the Contract
Right to Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Warranty
Applicable Law
Data Privacy Declaration
Place of Jurisdiction
Alternative Dispute Resolution

B. Privacy Policy

Information on the Collection of Personal Data and Contact Details of the Controller 2. Contacting
Order Related Data Processing
Rights of the Data Subject
Duration of Storage of Personal Data

A. General Terms and Conditions of Business

1) Scope of Application

1.1 The following General Terms and Conditions of Business [“GTC”] of the Relaxdays GmbH [“Vendor”] apply to all contracts for the supply of goods displayed on the internet platform www.manomano.co.uk [“manomano”] that a consumer or entrepreneur

[“Customer”] enters into. The Customer’s General Terms and Conditions of Business are not recognised, unless other agreements are made.

1.2 For these GTCs, a Consumer is any natural person capable of entering into legal transactions

wholly or mainly outside of this individual’s trade, business, craft or profession. Entrepreneurs with regards to these GTCs are any natural or legal persons or joint partnerships of legal capacity that enter into legal transactions in exercise of their commercial or professional activities.

2) Conclusion of the Contract

2.1 Contracts come about according to section 2.1 of the Terms and Conditions of Use of manomano (available at https://www.manomano.co.uk/cgu). Herein the Vendor submits a binding offer for a possible purchase agreement regarding his items displayed on manomano. A contract comes about once the Customer has concluded each step of the ordering process and confirmed the latter by pressing the button “Order and pay” or placing the payment in full, depending on whichever occurs first.

2.1.1 The Customer has to undergo the following process for placing an order on manomano:

On the product detail page, he has to click on “Add to basket” and continue to follow the steps provided by manomano. Should the Customer not be registered at this point, he must do so and provide and confirm his personal data. Finally, he needs to click on “Confirm delivery” and then “Order and pay”.

2.1.2 The contract text is stored by the Vendor and send to the Customer after the confirmation of his order alongside the GTCs and customer data in text form (e.g. e-mail, fax or letter). The Vendor does not provide any contract text information beyond this process.

2.2 Prior to a binding order, any Customer can detect possible input errors, verify and correct information as follows:

After clicking “Add to basket”, the Customer can check his input on the following confirmation pages. Should he want to correct his input, he can alter the quantity of items in the shopping cart, delete items or cancel the entire process by closing his browser tab before reopening manomano. All desired corrections may be entered via regular mouse and keyboard functions in the corresponding input boxes.

2.3 For the conclusion of a contract, English is the exclusive language.

2.4 Order processing and contacting take place via e-mail and automated order processing. The Customer is obliged to ensure that the e-mail address given at the point of placing the order is correct and that he is capable of receiving e-mails sent by the Vendor. In particular, the Customer has to ensure that spam filters do not prevent the proper delivery of Vendor e-mails.

3) Right to Withdrawal

3.1 Customers have a general right to withdrawal.

3.2 Further details about the right to withdrawal arise from the specific Instructions on Withdrawal of the Vendor.

4) Prices and Terms of Payment

4.1 All prices provided by the Vendor are total prices and contain the statutory sales tax. Additional shipping costs are indicated separately in the respective product description if necessary.

4.2 Payment options are provided on the website of manomano. Payment processing occurs via Colibri SAS with headquarters in 52 rue Bayen, 75017 Paris, France that has been authorized by the Vendor to receive payments.

5) Delivery and Shipping Conditions

5.1 Goods are shipped to the address provided by the Customer unless otherwise agreed. For handling of the transaction, the delivery address indicated during the order placed via manomano is relevant.

5.2 Should the carrier return goods to the Vendor due to an unsuccessful delivery attempt, the Customer must bear the cost for said delivery. This does not apply if the Customer is not responsible for the circumstances that have led to the delivery being unsuccessful or if he has been temporarily prevented from accepting the shipment, unless the latter has been appropriately announced in due time by the Vendor. Furthermore, this does also not apply to cases of Customers exercising their Right to Withdrawal. The specific Instructions on Withdrawal of the Vendor apply to return shipping costs in cases of Customers exercising their Right to Withdrawal.

6) Retention of Title

If the Vendor provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7)Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Applicable Law

The contractual relationship shall be governed by German law. The UN Convention on Contracts for the International Sale of Goods is excepted from this, i.e. does not apply. These legal provisions only apply insofar as the protection of law is not removed from the Consumer by mandatory provisions in his country of habitual residence.

9) Data Privacy Declaration

Personal data is only collected by the Vendor if provided voluntarily at the point of contract confirmation or registering for our e-mail newsletter. We use this personal data for contract confirmation and processing, as well as the fulfilment of other requests issued by you.

Furthermore, we shall use you e-mail address for advertising purposes only if you expressly agreed to it. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future.

The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods.

The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods) and data is restricted from any other use and deleted after these periods have expired, unless you have explicitly agreed to the use of your data beyond that point.

You are entitled to free information regarding your stored data, as well as to having it edited, blocked or deleted. For any questions regarding the collection, processing and use of your personal data, please contact us for free at any time. Refer to our Legal Notice for contact information.

10) Place of Jurisdiction

If the Customer is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Vendor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the

Vendor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the

Customer’s professional or commercial activities. In any event however, regarding the aforementioned cases the Vendor is entitled to contact the court responsible for the habitual residence of the Customer.

11) Alternative Dispute Resolution

11.1 The EU-Commission provides the following link for the resolution of online disputes: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

11.2 The Vendor is neither obliged nor willing to participate in any independent consumer arbitration service dispute resolution proceedings.

B. Privacy Policy

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our 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 in charge of data processing on this website within the meaning of the

General Data Protection Regulation (GDPR) is Relaxdays GmbH, Berliner Straße 191, 06116 Halle, Germany, Tel.: +49 (0) 345 56 67 09 30, Fax: +49 (0) 345 56 67 09 39, E-Mail: support@relaxdays.de. The controller in charge of the processing of personal data is the natural or legal person that determines the purposes and means of processing personal data, alone or jointly with others.

2) Contacting

In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen on the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.

3) Order Related Data Processing

3.1 To process your order, we work together with the following service provider(s), which support us wholly or partially in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

3.2 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.

4) Rights of the Data Subject

4.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:

-Right of access by the data subject pursuant to Art. 15 GDPR: You have a special right to information concerning your personal data that is processed by us. This includes: The reason for processing, categories of processed data, recipients or categories of recipients that have received your data, the foreseeable storage duration and criteria. Furthermore, you have the right to know that you can correct, delete and limit the use of your data, can forbid the use of your data, complain to a supervisory body and get to know the origin of your data if not collected by us. You also have the right to information regarding the existence of automated decision making programs, including profiling and any meaningful information about the appropriate scope, logic and intended effect of such processing, as well as the right to know which warranties exist according to Art. 46 GDPR in forwarding your data to third countries;

-Right to rectification pursuant to sec. 16 GDPR: You have the right to prompt rectification of incorrect data and/or completion of incomplete stored data;

-Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to demand the deletion of your personal data if the conditions pursuant to Art. 17 Sec. 1 GDPR are met. This right does however not apply if the processing takes place in exercising the right to free expression and information, to comply with legal obligations, for reasons of public interest or any implementation and defence of legal claims;

-Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to demand restrictions on the use of your personal data as long as the contested accuracy is checked, if you reject the deletion of your data due to unauthorised processing and want a restriction of said processing instead, if you need your data for purposes of asserting, exercising or defending legal claims after we do no longer need them or if you utter your opposition and the predominance of your legitimate reasons is still pending;

-Right to be informed pursuant to Art. 19 GDPR: Once you have claimed your right to rectification, erasure or restriction of your processed data to the controller, the latter is obliged to communicate these claims to any and all parties that your data have been disclosed to, unless this should prove impossible or involve a grossly disproportionate effort. You have the right to be informed about the recipients of your data.

-Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you provided in a structured standard and machine-readable format or demand transmission to another appointed party, insofar as this is technically feasible;

-Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to revoke any consent once given for the processing of your data at any time with effect for the future. In the event of such cancellation, we will immediately delete all affected data should further processing not be possible on a legal basis that does not require consent. The lawfulness of the processing carried out in the basis of the consent given until the point of withdrawal remains unaffected;

-Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data is not in accordance to the GDPR, you have the right - without any prejudice to another administrative or judicial appeal - to complain to a supervisory body, particular in the state of your habitual residence, workplace or place of the alleged violation.

4.2 RIGHT TO OBJECT

IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

5) Duration of Storage of Personal Data

The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.

Security and confidentiality

Privacy Policy