Allgemeine Geschäftsbedingungen
Agiltos Capital GmbH
Terms and Conditions (Online Store):
1. Scope
The following General Terms and Conditions (GTC) of Agiltos Capital GmbH apply to all contracts concluded via the website www.memorymerge.com, as well as to the resulting deliveries, services, and business relationships; any general terms and conditions used by customers are hereby expressly rejected.
2. Contracting Party
Contracts are concluded with
Agiltos Capital GmbH
Dorfstraße 21 A
97950 Großrinderfeld
Email: info@memorymerge.com
3. Offer and Conclusion of Contract
The offers made by Agiltos Capital GmbH are directed exclusively at consumers as defined in Section 13 of the German Civil Code (BGB). The product descriptions in this online store do not constitute a legally binding offer, but merely an invitation to place an order, i.e., to submit a purchase offer by the customer. After adding the desired items to the shopping cart and completing the ordering process, the customer submits a binding offer to purchase the items in the shopping cart by clicking the “Place Order” button. When the customer places an order with Agiltos Capital GmbH, Agiltos Capital GmbH will immediately send a message via email regarding this order, confirming receipt of the order by Agiltos Capital GmbH (order confirmation). If “prepayment” is selected as the payment method, this order confirmation does not yet constitute acceptance of the customer’s offer, but is intended to inform the customer that their order has been received by Agiltos Capital GmbH. In this case—that is, if prepayment is selected as the payment method—the customer will receive a separate email/invoice within 72 hours of the previous order confirmation email, in which Agiltos Capital GmbH informs the customer that the purchase contract has been concluded. If Agiltos Capital GmbH confirms to the customer that the purchase agreement has been concluded and requests payment, the purchase agreement is deemed to have been effectively concluded upon receipt of this email, provided that the customer has selected “prepayment” as the payment method. Otherwise, the customer is no longer bound by their binding offer to purchase. If, however, the customer has selected PayPal as the payment method, the purchase contract for the goods ordered by the customer with Agiltos Capital GmbH is concluded at the time the payment instruction is confirmed by the payment service provider, i.e., upon your effective payment via PayPal. A prerequisite for the valid conclusion of a purchase contract is always the proper completion of the entire ordering process on the Agiltos Capital GmbH website.
4. Contract text/language
Agiltos Capital GmbH stores the contract text on its internal systems. These Terms and Conditions may be viewed and printed at any time on this website. The order details and these General Terms and Conditions will be sent to the customer via email along with the order confirmation. Agiltos Capital GmbH GmbH notes that customers have the option to print the contract details using their browser’s print function or save them electronically before submitting the order. The sole language available for the conclusion of the contract is German.
5. Ways to correct input errors
Zu einer etwaigen Korrektur der von dem Besteller getätigten Eingaben innerhalb der Bestellschritte ist der Zurück-Button des vom Besteller verwendeten Browsers zu benutzen. Der Besteller kann seine Eingaben zudem auch direkt in den jeweils auszufüllenden und vorgesehenen Eingabe- bzw. Textfeldern korrigieren. Schließlich besteht die Möglichkeit, Eingabefehler durch das Schließen des Browserfenster, also mit Hilfe der Betätigung des X-Button in der rechten oberen Ecke des Browserfensters, zu korrigieren.
6. Pricing
The prices listed include the applicable sales tax and do not include any shipping costs. As a small business owner registered with the tax office, I am not required to show the sales tax under Section 19 of the German Value Added Tax Act (UStG).
7. Payment Methods:
You can pay for your purchase in advance via bank transfer, PayPal, credit card, or direct debit. There are no additional fees for any of these methods. We will cover any fees that may apply.
8. Financial Reporting
The prices listed always include the applicable sales tax (VAT). The customer receives an invoice showing the sales tax (VAT) with every delivery.
9. Shipping and Delivery Terms
On our website, customers can find up-to-date information regarding the availability of products sold by Agiltos Capital GmbH (e.g., on the respective product detail page). Delivery times are listed in the shop for each item. Agiltos Capital GmbH will hand over items available for immediate shipment to the shipping provider no later than 72 hours after receipt of payment has been confirmed. Agiltos Capital GmbH ships items to Germany and Austria. Shipping is handled by our contractual partner DHL as parcel delivery. The exact shipping costs for the order are broken down and displayed during the ordering process.
10. Retention of Title
The goods sold remain the property of Agiltos Capital GmbH until the purchase price has been paid in full.
11. Pflicht zum Wertersatz bei Widerruf:
Für den Fall eines Widerrufs des Kaufvertrags weist die Agiltos Capital GmbH GmbH darauf hin, dass der widerrufene Besteller für einen etwaigen Wertverlust der Waren nur aufkommen muss, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist
12. Obligation to cover return shipping costs in the event of cancellation:
In the event of cancellation of the purchase agreement, the customer is always responsible for the standard costs of returning the goods.
13 Statutory Liability for Defects / Warranty:
13.1
The statutory warranty period for new goods is two years. For used goods, the right to assert the statutory warranty claim is limited to one year pursuant to Section 475(2) of the German Civil Code (BGB). The period for asserting the statutory right to claim for defects begins upon receipt of the goods by the purchaser. The above provision regarding the shortening of the period for asserting the statutory right to claim for defects in the purchase of used goods does not apply to liability for damages resulting from injury to life, bodily injury, or damage to health resulting from a negligent breach of duty by Agiltos Capital GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Agiltos Capital GmbH, nor does it apply to liability for other damages arising from a grossly negligent breach of duty by Agiltos Capital GmbH or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Agiltos Capital GmbH. The foregoing provision regarding the shortening of the period for asserting statutory warranty claims for defects in the purchase of used goods also does not apply with respect to liability for damages arising from a breach of material contractual obligations by Agiltos Capital GmbH GmbH, whereby “material contractual obligations” are understood to mean those obligations whose fulfillment is essential for the proper. The above provision regarding the shortening of the time limit for asserting statutory claims for defects in the purchase of used goods also does not apply to liability for damages resulting from a breach of material contractual obligations by Agiltos Capital GmbH, whereby “essential obligations” are understood to mean those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and is entitled to rely.
13.2
If warranties apply to individual products as described in the product description, these do not limit the statutory warranty rights. The statutory rights regarding liability for defects always apply in addition to any warranties that may be provided.
14. Handling Complaints
If you have any complaints regarding the products or services offered in the Agiltos Capital GmbH online store, please contact Agiltos Capital GmbH at:
Agiltos Capital GmbH GmbH
Dorfstraße 5
97950 Großrinderfeld
Email: info@memorymerge.com
15. Cancellation Policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods. To exercise your right of cancellation, you must notify us,
Agiltos Capital GmbH GmbH
Dorfstraße 5
97950 Großrinderfeld
Email: info@memorymerge.com
by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, though its use is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract,
Agiltos Capital GmbH GmbH
Dorfstraße 5
97950 Großrinderfeld
Email: info@memorymerge.com
return or hand over. The deadline is met if you send the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics, and functioning.
Sample Cancellation Form
If you wish to cancel the contract, please fill out this form and return it.
To:
Agiltos Capital GmbH GmbH
Dorfstraße 5
97950 Großrinderfeld
Email: info@memorymerge.com
I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*) or 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 for written notifications): __________________
Date: _______________________
(*) Delete as appropriate
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to contracts
− for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs,
− for the delivery of goods that are likely to spoil quickly or whose expiration date would be quickly exceeded,
− for the delivery of sealed goods that cannot be returned for health or hygiene reasons if the seal has been broken after delivery,
− zur Lieferung von Waren, wenn diese nach der Lieferung auf Grund ihrer Beschaffenheit untrennbar mit anderen Gütern vermischt wurden,
− for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been broken after delivery
− for the delivery of newspapers, magazines, or periodicals, with the exception of subscription contracts.
− for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which cannot be delivered until at least 30 days after the contract was concluded, and whose current value depends on market fluctuations over which the business has no control.
Privacy Policy
We appreciate every visit to our website at www.memorymerge.com. We take the protection of the personal data of users of our website (hereinafter referred to in this Privacy Policy as “users”) very seriously, particularly to ensure that they feel safe and comfortable when visiting our website at www.memorymerge.com. We respect users’ privacy and their right to appropriate control over their personal data. With this privacy policy, we inform users of our website about when and what data we store, and how it is used in each case. In doing so, we naturally always comply with applicable German and European data protection regulations, in particular the GDPR, and continuously ensure the protection of the data we receive and process through state-of-the-art technical safeguards.
This Privacy Policy applies to data processing by:
Agiltos Capital GmbH GmbH
Dorfstraße 5
97950 Großrinderfeld
Email: info@memorymerge.com
1. Disclosure of personal data to third parties:
The disclosure of user data, i.e., personal data of users of our service, to third parties only occurs if the user has expressly consented to such disclosure pursuant to Art. 6(1)(a) GDPR, if the disclosure of the data is necessary to safeguard legitimate interests and there is no reason to assume that the user has an overriding legitimate interest in the non-disclosure of their data (Art. 6(1)(f) GDPR), if there is a legal obligation to disclose the data (Art. 6(1)(c) GDPR), or if this is legally permissible and necessary for the performance of contractual relationships with the user concerned (Art. 6(1)(b) GDPR). We do not forward the personal data of the affected user to third parties or otherwise transfer it, unless this expressly serves the agreed purpose of contract fulfillment, such as the disclosure of bank details to the bank executing the direct debit, the disclosure of address data to the delivery service to be commissioned, or for other fulfillment purposes. Thus, we store the financial and payment data of the affected user for the purpose of fulfilling a contract concluded with them, whereby this data is always treated confidentially and is not used for any other purposes, but exclusively for contract fulfillment.
2. Children's Privacy
Our services are intended exclusively for individuals with full legal capacity and not for children. We do not knowingly collect any personal data from users who are considered children under the applicable national laws in their respective countries.
3. Routine deletion and blocking of personal data:
We process and store the personal data of affected users only for the period necessary to achieve the purpose of storage, or to the extent required by European legislative bodies or other competent authorities in laws or regulations to which we are subject. If the purpose of storage no longer applies or if a retention period prescribed by European legislative bodies or other competent legislative bodies expires, the personal data is routinely blocked or deleted in accordance with legal requirements.
4. Rights of affected users:
a) Right to confirmation
Every user has the right to request confirmation from us as to whether we are processing personal data concerning them. If a user wishes to exercise this right to confirmation, they may contact one of our employees at any time using the contact information provided in the legal notice.
b) Right of access
Any user affected by the processing of personal data may at any time request information from us regarding their processed personal data, including, in particular, information about the purposes of processing, the categories of personal data, the categories of recipients to whom the user’s data has been or will be disclosed, the planned retention period, the existence of a right to rectification, erasure, restriction of processing, and/or objection, the existence of a right to lodge a complaint, the origin of their data if it was not collected by us, and/or the existence of automated decision-making, including profiling, and, where applicable, meaningful information regarding its details (see Art. 15 GDPR). Furthermore, users have the right to obtain information on whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer.
c) Right to rectification
Any user whose personal data is being processed has the right to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the user has the right to request the completion of incomplete personal data—including by means of a supplementary statement—taking into account the purposes of the processing.
d) Right to erasure (right to be forgotten)
Any user affected by the processing of personal data has the right to request that we immediately erase the personal data concerning them, provided that one of the following grounds applies and provided that the processing is not necessary: The personal data was collected or otherwise processed for purposes for which it is no longer necessary. / The user concerned withdraws their consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing. / The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. / The personal data has been processed unlawfully. / The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which we are subject. / The personal data was collected in relation to information society services offered pursuant to Article 8(1) of the GDPR. Thus, affected users may request the erasure of their personal data stored by us, among other things, unless the processing is necessary for the exercise of the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest, or for the performance of a contract (see Art. 17 GDPR). If we have made the personal data public and, as the controller, are obligated under Article 17(1) of the GDPR to erase the personal data, we will take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to such personal data or copies or replicas of such personal data, insofar as the processing is not necessary.
e) Right to restriction of processing
Pursuant to Article 18 of the GDPR, the data subject may request the restriction of the processing of their personal data if and to the extent that the accuracy of the data is contested by the data subject, the processing is unlawful but the data subject opposes its erasure, and we no longer need the data, but the data subject requires it for the assertion, exercise, or defend legal claims, or the data subject has objected to the processing pursuant to Article 21 of the GDPR.
f) Right to data portability
Every user affected by the processing of personal data has the right to receive the personal data concerning them, which they have provided to us, in a structured, commonly used, and machine-readable format. The affected user also has the right to transmit this data to another controller without hindrance from us, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. Furthermore, when exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, provided this is technically feasible and does not infringe upon the rights and freedoms of others. Thus, data subjects have the right to receive the personal data they have provided to us in a structured, commonly used, and machine-readable format or to request its transmission to another controller (see Art. 20 GDPR).
g) Right to object
Any individual affected by the processing of personal data—and thus, of course, any user of our service—has the right, granted by European legislation, to object at any time, on grounds relating to their particular situation, to the processing of their personal data carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the affected user, or the processing serves to assert, exercise, or defend legal claims. If we process personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to us regarding processing for direct marketing purposes, we will no longer process the personal data for these purposes. In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any of our employees directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications. In any case, the following applies:
Right to object:
If the user’s personal data is processed on the basis of legitimate interests pursuant to Article 6(1)(f) of the GDPR, the user has the right, pursuant to Article 21 of the GDPR, to object to the processing of their personal data, provided there are grounds arising from the user’s particular situation or the objection is directed against direct marketing. In the latter case, the user has a general right to object, which we will honor without requiring the user to specify a particular situation.
If the user wishes to exercise their right of withdrawal or objection, simply send an email to memorymerge.com.
(h) Automated individual decision-making, including profiling
Any user whose personal data is processed has the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning the user or similarly significantly affects the user, unless the decision (1) is necessary for the conclusion or performance of a contract between the user and us, or (2) is permitted by Union or Member State law to which we are subject, and that law provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the user concerned, or (3) is based on the user’s explicit consent. If the decision (1) is necessary for the conclusion or performance of a contract between the user concerned and us, or (2) is made with the explicit consent of the data subject, we shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to request our intervention as the controller, to present their own point of view, and to challenge the decision.
(i) Right to withdraw consent under data protection law
Any user whose personal data is being processed has the right to withdraw their consent to the processing of personal data at any time. As a result, we may no longer continue the data processing that was based on this consent (see Art. 7(3) GDPR).
j) Right to appeal
Finally, affected users may also file a complaint with a supervisory authority. As a general rule, affected users may contact the supervisory authority at their usual place of residence, place of work, or our registered office (see Legal Notice) (see Art. 77 GDPR). A list of data protection officers and their contact information can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
5. Legal basis for processing
Article 6(1)(a) of the GDPR serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration—the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If we are subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance information, or other vital information subsequently had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided that the processing is necessary to safeguard one of our legitimate interests or those of a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (see: Recital 47, Sentence 2 of the GDPR).
6. Legitimate interests in processing pursued by us or a third party
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest includes, among other things, the conduct of our business activities for the benefit of our well-being and the well-being of all our employees.
7. The period for which personal data is stored
The criterion for the duration of the storage of personal data is the applicable statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer necessary for the performance or initiation of a contract.
8. Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of the contract; the user’s obligation to provide personal data; possible consequences of failure to provide such data
We inform the users of our service that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., necessary information about the contracting party). In some cases, it may be necessary for a user to provide us with personal data in order to conclude a contract, which we must then process. For example, the user is obligated to provide us with personal data when we enter into a contract with them. Failure to provide the personal data would result in the contract with the user not being able to be concluded. Before providing personal data, the affected user may contact one of our employees. Our employee will inform the affected user on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences failure to provide the personal data would have.
9. Use of automated decision-making
We do not use automated decision-making or profiling.
10. Data Security
We continue to employ appropriate technical and organizational security measures to protect the data of users of our service against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. All of our security measures are continuously improved in line with technological developments.
11. Validity and Changes to This Privacy Policy
This Privacy Policy is currently in effect as of July 2024. Due to the ongoing development of our services and/or changes in legal or regulatory requirements, it may become necessary to revise and amend this Privacy Policy. Our current Privacy Policy can be accessed and printed at any time on our website at www.memorymerge.com or within the services listed there.
12. Use of Cookies
We expressly note that we make certain parts of our website available only through the use of so-called cookies in order to ensure the full functionality and all user features of our website. A cookie is a small file that the browser used by the user automatically creates when visiting websites that use cookies (such as ours) and stores on the user’s device, such as a PC, laptop, smartphone, tablet, etc. Cookies do not cause any damage to the user’s device and do not contain viruses or similar threats. A cookie stores information that is specific to the device being used. If a user does not want cookies from our website to be stored on the device they are using—such as a PC, laptop, smartphone, tablet, etc.—the user can disable the corresponding options in their browser’s system settings. Cookies that have already been stored can be deleted in the browser’s system settings. However, we would like to point out that if cookies are disabled, this may result in functional limitations of our services and our website.
18. Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG):
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
19. Provider Identification
Agiltos Capital GmbH
Dorfstraße 21 A
97950 Großrinderfeld
Email: info@memorymerge.com
The European Commission provides a platform for online alternative dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr
Our email address is: info@memorymerge.com