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MARIEKKE Vintage general terms and conditions of sale and delivery

These general terms and conditions of sale and delivery apply to all services and deliveries offered by MARIEKKE Vintage and on each Agreement between MARIEKKE Vintage and the Customer.

Article 1. Definitions

In these general terms and conditions of sale and delivery, the following terms are defined as set forth below:
MARIEKKE: Ms. M.M.H. Jansen trading as Mariekke Vintage, registered at the trade register of the Chamber of Commerce under number 58415580, offices at Ollandseweg117, 5491 XA Sint-Oedenrode, postal address Bobbenagelseweg 7, 5491 VL Sint-Oedenrode;
Customer: MARIEKKE’s other party, a consumer (natural person) or company / corporation (legal entity);
Order / Delivery: the work to be carried out or the delivery or service;
Agreement: the Agreement of delivery and/or services;
Long-distance selling: online sales or by telephone;
General terms and conditions: these General terms and conditions of sale and delivery;
Product (s): goods that are delivered;
Webshop: www.wimternet.nl/mariekke.

Article 2. Applicability

1. These General terms and conditions are applicable to all Agreements between the Customer and MARIEKKE, including any possible legal successors of both parties, as well as any ensuing and/or related Agreements, as well as on all offers and/or quotations made by MARIEKKE.

The applicability of the General terms and conditions of the Customer is explicitly rejected by MARIEKKE.
Any provisions that deviate from these standard General terms and conditions are valid exclusively if expressly agreed by in writing by MARIEKKE. Unless expressly agreed otherwise in writing, these deviations and/or additions to the General terms and conditions agreed on will only apply to the concerning Agreement.
MARIEKKE reserves the right to make interim changes to these General terms and conditions. The amended General terms and conditions will then also apply to the existing Agreement between Customer and MARIEKKE. Changes are announced in writing and shall enter into force 14 days after publication or on a later date as mentioned in the announcement.

Article 3. Offers and quotations

1. The offers and/or quotations made by the MARIEKKE are noncommittal; they are valid for 14 days after presentation, unless otherwise indicated. MARIEKKE is only bound to the offers and/or quotations if the acceptance thereof by the Customer is confirmed in writing within 14 days, unless otherwise indicated.

2. An Agreement will only be concluded by express acceptance of the Order by MARIEKKE on a manner that is customary in this sector.

3. Prices given in the mentioned offers and/or quotations are exclusive of governmental levies as well as the costs incurring in relation to the Agreement like shipment and administrative costs and are standard shown in Euros, unless stated otherwise.

Offers and/or quotations shall not automatically apply to future Orders.
The Agreement between the Customer and MARIEKKE concerns a purchase Agreement, unless the content, nature or scope of the Agreement dictates otherwise or parties explicitly, in writing, agree upon otherwise.

Article 4. How the Agreement is concluded

The Agreement will be concluded at the time that a signed Order confirmation or quotation done by MARIEKKE has been returned to MARIEKKE by the Customer. The Order confirmation/quotation is based on the information provided by the Customer to MARIEKKE at that time. The Order confirmation shall be deemed a fully correct representation of the Agreement.
If the Order is done online by Webshop, the Customer will electronically (by e-mail) receive an Order confirmation or purchase confirmation. The Agreement will be concluded at the time that the Customer places the Order.
If the Order is given verbally or if the signed Order confirmation (as of yet) has not been received, the Agreement is deemed to have been closed under these terms and conditions at the time MARIEKKE starts with the implementation of the Order at the request of the Customer.
MARIEKKE is free to prove the Agreement is concluded by other means then stated in these General terms and conditions.

Article 5. Vintage Products

The Webshop has a comprehensive and accurate description of the offered Products. The description is sufficiently detailed to allow a proper assessment of the offer. Pictures are a realistic representation of the offered Products and/or services. Apparent errors or mistakes (including textual errors) are not in any way binding.
MARIEKKE makes effort to guarantee the originality of our products through good research and to work with reliable businesses. MARIEKKE can never know with 100% certainty that the products are original.
Considering the age of vintage Products traces of wear may be present. To indicate the condition of the Products on the Webshop, the Products are categorized in the following categories: excellent, very good, good, reasonable and moderate.
MARIEKKE checks all Products offered on reliability and safety. The wiring of lamps is checked and if necessary replaced. No rights can be derived from the control and/or replacements on Products.
MARIEKKE sells lighting without light bulbs, halogen lamps, compact fluorescent lamps and/or led lamps.
Goods are available while supply last.
It is possible to view the Products on display in the showroom in Sint-Oedenrode. You can contact us to make an appointment. Damages made by the Customer to the goods on display will be billed to the Customer.
A Product can be reserved for op to seven days.

Article 6. Long-distance selling

This provision applies only to Long-distance sales with Customers who are consumers who have ordered online by Webshop:
the consumer shall receive a confirmation by e-mail for his or her Order;
the consumer has the right to a sound Product that meets the quality as listed on the Webshop;
these General terms and conditions which are checked by the consumer as seen prior to the completion of the Order are listed on the website or are findable on the website or are sent to the consumer by e-mail if they request a quote. These General terms and conditions are in PDF-format which can be saved by the consumer;
the payment method is made known during the Order;
the consumer himself fills in the address and contact details used for the delivery of the Product. Erroneous or incorrect filling in of the address is for risk and account of the consumer;
statutory cooling-off period: from the day the Product is received, the consumer has a cooling-off period of 14 days. After use of the cooling-off period, you must return the Product within 14 days. Refund of the purchase price takes place within 14 days, but never before the Product is returned correctly. The cooling-off period does not apply to Products that cannot be returned because of sanitary or health reasons, Products with regard to leisure, time-based Products (loose magazines or newspapers), Products of which the sealing/seal is broken, Products specially made, Products that are perishable, quickly spoil or digital Products/downloads, emergency repairs and services;
returns: if the consumer wishes to return the Product, the consumer has to return the Product/Products together with the return form within the applicable time limit and subject to the applicable terms and conditions;
costs of returns are not reimbursed, unless there’s a damaged or defective Product. MARIEKKE assesses whether there is a damaged or defective Product. The costs of return are also listed on the Webshop prior to the placement of the Order. If the consumer chooses for a more expensive shipping method than the standard shipping method, MARIEKKE will only reimburse the cost of standard shipping, provided the return meets the conditions listed above.
If there is an obvious textual error on the Webshop, one must hold in regard that the right price/right information will be given by the time the error is known by MARIEKKE.
The above provisions under paragraph 1: a, b, c, d, e, g, h and 2 also apply to companies/corporations (legal entities). Instead of ‘consumer’ one must read ‘company/corporation (legal entity)’.

Article 7. Pricing

1. The prices of the Products are mentioned on the Webshop.

2. If there is no price mentioned on the Webshop, MARIEKKE will determine and pronounce the price to the consumer.

3. The prices quoted by MARIEKKE on the Webshop are in Euro and include VAT (also see paragraph 6 and 7 of this article) and are based on price-determining factors related to the time of the Order. All prices are excluding shipping costs.

4. Any import duties and customs fees come for account of the Customer.

5. MARIEKKE is entitled to increase the prices. If the Customer is a consumer, the Customer is entitled to dissolve the Agreement if the price is increased within 3 months after the closing of the Agreement, unless the agreed upon delivery time takes longer than 3 months after the sale. After expiry of this period, the Customer shall be entitled to dissolve the Agreement if the increase of the price is more than 10%. The Customer does not have the right to dissolve the Agreement if the increase of the price is the result of a jurisdiction under the law.

6 In almost all cases MARIEKKE applies margin prices. These are prices that are determined in accordance with the margin scheme. The margin scheme is a tax scheme, which applies to used goods such as art, antiques and collectors’ items. VAT is only paid on the margin between purchases and sales. The use of the margin scheme is mentioned on the invoice.

7. It will be explicitly mentioned in the Webshop and on the invoice if MARIEKKE uses the normal VAT scheme.

Article 8. Payment

The payment must be made directly at the time the Order is placed using the payment options offered on the Webshop like iDeal, PayPal or of similar nature.
Another possibility is that, in addition to paragraph 1, the Customer pays by cash on delivery (only possible within The Netherlands) or on pickup by appointment.
Another possibility is that MARIEKKE sends an invoice with a payment term of 7 days, when the payment is received, the Product will be sent, unless otherwise agreed.

4. If the Customer is a consumer and has not made (full) payment within the first term, MARIEKKE will send a written reminder (notice) for payment of the outstanding amount within 7 days including the legal interest (under notice of the extrajudicial collection costs). If the Customer also fails to make the (full) payment within the second term, he will also be charged with the extrajudicial collection costs.

5. If the Customer is a company/corporation (legal entity) and has not made (full) payment within the first term, he will be charged with the extrajudicial collection costs as well as with the statutory commercial interest starting from the day the term has expired.

6. If payment fails within the stated term, MARIEKKE is entitled to suspend its work/delivery or dissolve the Agreement without any obligation of compensation by MARIEKKE.

7. A complaint of the Customer does not suspend the payment obligation.

8. In the event of liquidation, bankruptcy, confiscation/seizure, suspension of payment of the Customer, administration order or guardianship order all debts and claims MARIEKKE has on the Customer are immediately due and payable.

Article 9. Delivery

Shipping costs are displayed during the Order. These shipping costs come in addition to the (sale) price.
The shipping costs are also always listed under “payment and shipping costs”. If the delivery address does not fall within the regions listed on the Webshop or a different delivery method is chosen, MARIEKKE will charge separate shipping costs prior to delivery.
When a delivery term/date is agreed upon by MARIEKKE, given term/date shall never be regarded as a strict (final) deadline. When exceeding the agreed upon term/date the Customer shall sent MARIEKKE a written notice of default.
The Customer shall examine the Products when they are delivered. The Customer has to check if the delivery matches that which is agreed upon, namely:
If the right goods are delivered;
If the amount and/or number of goods delivered are in accordance with the Agreement;
If the goods delivered meet the requirements set for vintage Products based on the information from the Webshop.
When delivery is delayed, the Customer has no entitlement to refuse the delivery.
If delivery of an ordered Product proves to be impossible, MARIEKKE will try to find a suitable alternative. The Customer is not obligated to make use of this offer.

Article 10. Returns

If the Customer wants to make a return, the Customer has to make use of the return form which is sent along with the Product.
The return shipment must be notified to MARIEKKE in advance per e-mail. If applicable, there will be additional shipping instructions upon receipt of the Product.
Returns are only possible if packaging and Product are in the same condition as in which they were delivered. The Customer has to keep a proof of dispatch.
If the Customer is a consumer, the Customer may return the Product (with the exception of Products mentioned in paragraph 6) without stating any reasons within 14 days after the Product is received.
If the Customer is a company/corporation (legal entity), the Customer may return the Product (with the exception of Products mentioned in paragraph 6) without giving any reasons within 7 days after the Product is received, unless agreed upon otherwise.
Products that cannot be returned are Products that cannot be sent back because of sanitary or health reasons, Products of which the sealing/seal is broken, Products specially made or purchased for the Customer, Products that are perishable, quickly spoil or digital Products/downloads.
The shipping costs for returning a Product come at the Customer’s expense, unless there is a damaged or defective Product as determined by MARIEKKE, also see article 6 paragraph 1 under h.
Once the return is received by MARIEKKE, MARIEKKE will make a full refund on the account number as indicated by the Customer as soon as possible, yet no later than within the legal term of 30 days.
Naturally, it is also possible to return the goods yourself by appointment at our showroom in Sint-Oedenrode.

Article 11. Renting Products

It is also possible for the Customer to rent a Product. The price will be based on a percentage of the retail price determined on a weekly basis, with a minimum renting price of one week.
A deposit at least the size of the purchase price must be made in advance. The deposit will be returned to the listed bank account of the Customer within 30 days after the Product has been returned to MARIEKKE. Any costs as a result of damage to the Product or as a result of necessary repairs and/or replacements to the Product will be deducted from the deposit. No interest will be remunerated in regard to the deposit.
If the damage exceeds the deposit, the exceeding costs will be charged to the Customer.

Article 12. Suspension, cancellation and termination

MARIEKKE is authorized to suspend the fulfillment of its obligations or to terminate the Agreement if:
Customer does not fulfill or partially fulfill its obligations under the Agreement;
After the conclusion of the Agreement, MARIEKKE becomes aware of circumstances giving good ground to fear that the Customer will not fulfill his obligations. If there are legitimate concerns that the Customer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far justified by the shortcoming;
If the Agreement is dissolved, all claims of MARIEKKE towards the Customer are immediately due and payable.
The Customer may cancel the Order in writing (by e-mail) free of charge as long as the Order is not yet confirmed. The Customer is free to contact MARIEKKE by telephone to notify MARIEKKE of the cancellation after which the Customer will confirm the cancelation in writing.
MARIEKKE always retains the right to claim damages.

Article 13. Transfer of risk

The delivery shall be made at the address as specified by the Customer. Customer himself fills in the address and contact details used for the delivery of the Product. Erroneous or incorrect filling in of the address (and any resulting additional costs) is for risk and account of the consumer.
All risk is transferred to the Customer the moment he, or a by the Customer designated third party, receives the ordered Products.
When the Customer chooses a carrier that is not offered by MARIEKKE, the risk transfers to the carrier the moment the carrier receives the Products.
If the Product gets lost, damaged, stolen or in any other way extinguished before the delivery (and transfer of risk), MARIEKKE will try to offer the Customer, under the same conditions, a similar Product. The Customer is not obligated to make use of this offer. MARIEKKE is not liable to pay any compensation to the Customer.

Article 14. Warranties

MARIEKKE will deliver a Product that matches the quality the Customer may expect given the Agreement and specifications listed on the website. The Customer must take into account that he has bought a vintage Product which may contain traces of wear. Since these are vintage Products, additional warranties besides the defined characteristics of the Product cannot be given.
Electronic devices are sold as collectibles and are not suitable for (daily) use. Before electronic devices are used, a qualified electrician should be consulted by the client.
Any claim by the Customer related to the delivered Products will be void, if:

the Products are not identifiable (anymore) as coming from MARIEKKE;
the defects of the Products result (partly) from normal wear and tear, improper and/or incorrect treatment, assembly, use and/or storage, maintenance or repairs (by third parties);
MARIEKKE has not immediately been given the opportunity by the Customer to access/inspect the complaint and fulfill her obligations;
The Customer has not, non-timely or improperly complied with the obligations incumbent upon him.

Defects and/or complaints about faulty Products should be communicated in writing as stated in the complaints procedure.

Article 15. Complaints procedure / right to complain

Visible defects or shortcomings found on the Product upon delivery should immediately be communicated (motivated) in writing to MARIEKKE, or in any case within 7 days of delivery.
The Customer must notify MARIEKKE of any found defects regarding the Product, within 14 days after discovery, or when discovery was reasonably possible, in writing (motivated) while citing the invoice- and productdata. The terms for companies/corporations (legal entities) are established under penalty of loss when exceeded.
In case of a justified complaint, MARIEKKE has the choice to either adjust the invoiced price, to improve or deliver a similar Product or to proportionally reimburse the Customer.
A complaint of the Customer does not suspend the payment obligation.

Article 16. Retention of title

The in the context of this Agreement delivered Products remain the property of MARIEKKE until all obligations resulting from the conducted Agreement are properly fulfilled by the Customer.
The retention of title extends to already delivered Products as well as to Products yet to be delivered under this Agreement.
The by MARIEKKE supplied products, which pursuant to paragraph 1 fall under the retention of title, may not be resold (unless selling these Products belongs to the usual course of business) and may never be used as means of payment. The Customer is not entitled in any way to encumber the goods falling under the retention of title.
If third parties (threaten to) seize Products subject to retention of title or wish to establish or assert rights thereto, Customer is obligated to immediately notify MARIEKKE thereof.
In case MARIEKKE wishes to exercise the ownership rights mentioned in the present article, the Customer gives, in advance, an unconditional and non-revocable permission to MARIEKKE and to third parties, to be appointed by MARIEKKE, to enter all places where properties of MARIEKKE are located to take them back.

Article 17. Liability

When buying vintage Products, the Customer is presumed to be familiar with the – possibly deviating from current laws and regulations – requirements and regulations that were posed to safety and use at the time that the goods were manufactured.
The Customer himself is at all times responsible for compliance with, and overlook on, safe and responsible use of the Products.
In case MARIEKKE is liable, the liability is limited to what is settled in this article.
If Customer proves that he has suffered damage by an act or omission by MARIEKKE, which would be avoided if acted carefully and expertly, MARIEKKE is liable for the damage equal to (no more than once) the declaration amount of the Agreement, or at least to that part of the Agreement to which the liability relates.
MARIEKKE always has the right to, as far as possible, prevent or reduce the damage suffered by the Customer.
Damage is solely defined as damage to persons, damage to property and direct financial loss.
MARIEKKE shall never be liable for indirect damages, including consequential damages, lost profits and lost savings.
The limitations contained in these terms of liability for damages shall not apply if the damage is due to intent or gross negligence by the leadership of MARIEKKE.
MARIEKKE does not guarantee a correct and/or complete transmission of the contents of a transmitted e-mail, nor for the timely receipt thereof.
MARIEKKE shall not be liable for damage of any kind caused by the fact that MARIEKKE used, as assumed correct, erroneous or incorrect information given by the Customer, unless MARIEKKE should have been aware of this error or incorrectness.
The in this article set out limitations of liability are also stipulated for the benefit of persons or third parties engaged by MARIEKKE, who may therefore directly invoke these limitations of liability.

Article 18. Force majeure

MARIEKKE shall not be obliged to comply with her obligations under the Agreement when hindered by a circumstance that is not due to debt, nor due to law or a legal act that is generally accepted as for her account.
In the context of the Agreement, force majeure is understood to mean all that fits its frame in law and jurisprudence, like: diseases, strikes, cancellations and/or insufficient supply of materials, or one or more of MARIEKKE’s used persons or third parties, as well as any external causes, foreseen or not foreseen whereupon MARIEKKE has no influence, whereby it is impossible for MARIEKKE to fulfill its obligations.
MARIEKKE is entitled during the period that force majeure continues to suspend the obligations resulting from the Agreement. If and when this period lasts longer than two months, both parties shall be entitled to dissolve the Agreement without any obligation to compensate damages to the other party.

Article 19. Indemnification

The Customer shall indemnify MARIEKKE, including subordinates and/or assistants against claims by third parties relating to intellectual property on material or data provided by the Customer.
Customer shall indemnify MARIEKKE against any claims by third parties, who suffer damage because of the execution of the Agreement by MARIEKKE, which is attributable to the Customer.
Customer shall indemnify MARIEKKE against claims of third parties for damage caused because Customer provided incorrect or incomplete information to MARIEKKE.
Customer shall indemnify MARIEKKE against all claims from third parties – including shareholders, directors, supervisory board and personnel, as well as affiliated legal entities and businesses and others who are involved with – deriving or related to the work of MARIEKKE for the benefit of the Customer.
Customer shall indemnify MARIEKKE against claims from third parties where MARIEKKE is seen as perpetrator of the Customer.

Article 20. Intellectual property

All copyrights and other rights of intellectual or industrial property on documentation, equipment, designs, descriptions, drawings, models, budgets and calculations or other materials such as analysis, documentation, reports, offers, as well as preparatory material thereof, are owned exclusively by MARIEKKE
It is explicitly forbidden to use pictures and/or texts of the Webshop without the express written permission of MARIEKKE.

Article 21. Privacy

MARIEKKE respects the privacy of all users and adheres to the personal registration law. The personal information you provide to us will always be kept confidential and will always be treated with the utmost care.
MARIEKKE will use your personal information to conduct the Agreement. The information will not be made available the third parties. The personal information includes all of the information you have entered in the order form or e-mail.
MARIEKKE uses a mailing list for sending a newsletter. You can register for this newsletter through the website. Every mailing contains instructions on how to get off this mailing list.

Article 22. Experition term

As far as not otherwise provided in these General terms and conditions, claims and other rights the Customer has that derive from the work and/or service MARIEKKE has provided, in any case expire one year after the moment when Customer knew or reasonably could have known of the existence of these claims and or rights.

Article 23. Applicable law

The Dutch law is applicable. Unless the cantonal judge is authorized to resolve the dispute, all disputes shall be resolved by the competent court in the district in which MARIEKKE has its registered office. Nevertheless, MARIEKKE has the right to submit the dispute to the competent court according to the law.
The Vienna Sales Convention is expressly excluded.

Article 24. Final provision

Should any provisions of these General terms and conditions are contrary to mandatory law from civil code 7 on sale to consumers, the law shall prevail.
If one or more provisions of these general terms and conditions should be null and void or be destroyed, the remaining provisions still apply. MARIEKKE and Customer will then discuss new stipulations replacing the null and void or destroyed provisions to agree upon, for as much as possible to the purpose and intent of the original provision(s).

The original Dutch text of these General Terms and Conditions shall prevail over versions published in any other language.

General terms and conditions of sale and delivery MARIEKKE Vintage – augustus 2016

Privacy policy

Table of contents:

1. What is personal data? How does Mariekke use the data of visitors to its website? What are the legal bases for the processing of this data? Does MARIEKKEvintage use profiling?
2. Is the data shared with third parties? Is the data processed in other EU countries?
3. Which third-party services and offers and what kind of cookies does MARIEKKEvintage use?
4. Your rights: information, correction, deletion, restriction of processing, revocation, data transferability, right of appeal
5. Duration of the storage of personal data; deletion periods
6. Data security, scope of application
7. Responsible party and contact person in matters of data protection

1. What is personal data? How does MARIEKKEvintage use the data of visitors to its website? What are the legal bases for the processing of this data? Does Mariekke use profiling?

1.1 Personal data and consent

Personal data is defined as any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Personal data is information such as name, email address or telephone number, but also information about hobbies, memberships or which other websites were visited by the data subject.

We only collect, use and share personal data in accordance with what is legally permissible, and with the user’s consent.

Consent is any voluntarily given, unambiguous statement of agreement in a specific case, given in an informed manner in the form of a statement, or other clearly affirming consenting action, with which the data subject indicates that they agree to the processing of their personal data.

1.2 Visiting the MARIEKKEvintage website

We (or the webspace provider) collect data on each of your visit to the MARIEKKEvintage website (this data is referred to as “server log files”) (“access data”). This access data includes: name of the website accessed, file, date and time of access, volume of data transmitted, protocol on successfully access, browser type and version, the user’s operating system, referrer URL (i.e. page previously visited), IP address and the requesting provider. If the user is using a mobile device, the access data additionally comprises: country code, language, name of device, name of operating system and version, GPS location data.

We use this access data only for statistical evaluations for the purpose of operation, security and optimization of our offer on the MARIEKKEvintage website. However, reserve the right to review these data at a later date, if concrete indications of unlawful use become known to us. This data is then stored as it is understood to be the only way to prevent misuse of our offer; if necessary this data will be reviewed to investigate past offenses. In this regard, since we are the party responsible for data processing, storing this data is necessary to ensure our security. This data will not be shared with third parties unless required by law or for the purpose of criminal prosecution.

1.3 Data collected when registering for the MARIEKKEvintage website and services; purchase data; payment data

We collect and store the following data (“registration data”) when you register on theMARIEKKEvintage website and create a customer account: first and last name, email address, password and other information, such as billing and shipping address. You can manage this data at any time by sending an email to vintage@wimternet.nl. Further we collect your data for the purpose of processing your orders on MARIEKKEvintage, and in order to process the sales contracts for goods purchased from our webshop (“purchase data”). This data includes: first and last name, billing address, shipping address.

The registration data, purchase data and any other data you provide in the course of registration will be used on the MARIEKKEvintage website only insofar as this data is required for us to fulfill the sales contract or for pre-contractual measures, i.e. use of the Mariekke website and purchase of products in the webshop.

1.4 Contacting us

When you contact us (for example by email), also outside of a contractual relationship with us, your details will be stored for the purpose of processing the request as well as in the event that follow-up questions arise.

1.5 Legal bases of data processing

In general, the legal basis for data processing of data when using our website and services is Art. 6 (1) b. GDPR, i.e. the data is processed insofar as it is required to fulfill the sales contract between you and us or to fulfill pre-contractual measures that you requested. Art. 6 (1) a. GDPR is also the legal basis for the processing of data for specific purposes, provided and to the extent that you and/or the data subject have given their prior consent. You give your consent for example when you register as a customer and create a user account.

Art. 6 (1) c. GDPR is also the legal basis for any processing of your data by us when this is required to fulfill a legal obligation to which we and/or other responsible persons are subject. This can be the case for example when our data is collected when you visit our web page, if we choose this method to ensure security of our website and services.

Data processing may also be carried out on the basis of Art. 6 (1) e. GDPR, if this is necessary to perform a legal obligation in the public interest or in the exercise of official authority that we or the responsible party have been vested in.

Moreover, Art. 6 (1) f. GDPR also forms the legal basis for example when data is collected when visiting the MARIEKKEvintage website or when data is transmitted to our shareholders and external service providers. The processing takes place if it is necessary to safeguard our legitimate interests and does not outweigh your interests, fundamental rights and fundamental freedoms that might require the protection of personal data.

A legitimate interest is to be assumed in the case of a legitimate relationship between you (or the person in question) and us (or the responsible party), i.e. if you are a customer and/or user of our website and services.

For further details we refer to the explanations of processing operations in this privacy statement.

1.7 Automated decision-making (“profiling”)

We do not use profiling or automated decision-making when you visit our website and use our services. However, in individual cases it is possible that such profiling is carried out by the third-party providers we use. We point this out as much as possible in this privacy statement.

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;

Examples of such profiling include the analysis of data (e.g. on the basis of statistical methods) with the aim of displaying personalized advertising to the user or giving shopping tips.

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. This does not apply if the decision (i) is necessary for the conclusion or performance of a contract between the data subject and the data controller, (ii) is required by EU law or law of its member states to which the data controller is subject and such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject or (iii) with explicit consent of the data subject. In these exceptions, the responsible party takes appropriate measures to safeguard the data subject’s rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the data controller, to state their own position and to challenge the decision.

2. Is data transferred to third parties, and is it processed in other EU countries?

We only transfer personal data to third parties insofar as it is necessary in the framework of fulfilling the terms of the agreement and only within the scope stated in this privacy statement. Furthermore, data is only transmitted if we are legally obliged to do so or if the person concerned has given their consent and has not revoked it, or if this is necessary to enforce our rights. In some cases, processing may take place in other EU countries, but we make sure that the level of data protection is always in compliance with EU requirements.

2.1 Integration of external service providers

We work together with external service providers that support us in carrying out the online or offline steps necessary to execution of our service. We only transfer personal data to third parties insofar as it is permissible by law (i.e. in order to execution our service on the website, in accordance with Art. 6 (1) b. GDPR) or with your given consent (in accordance with Art. 6 (1) a. GDPR) or if you instruct us to do so. Please contact vintage@wimternet.nl for more information.

This relates for example to the transmission of data to our shipping service provider(s). Moreover, as part of our affiliate program, we may share information with our affiliate partners who use the information on our behalf for marketing purposes and to improve our services. These affiliate partners process the data exclusively within the EU and in compliance with the relevant legal bases. Among other things, the affiliate partners receive the customer’s ID.

2.2 Processing in other EU countries

Data may be transferred outside the EU when visiting or using the website – this is the case for the services of Google, Facebook or Twitter, as described in the section “Social Plugins”. The US companies offering Google, Facebook and Twitter services are each certified under the EU-US Privacy Shield agreement and thus guarantee compliance with EU data protection regulations.

Furthermore, your data will be processed by Mailchimp, located outside the EU, when you sign up for the newsletter.

Data may be transferred outside the EU when visiting or using the website. This is the case for example with the services of the payment service provider Stripe, Inc. 185 Berry Street, Suite 550, San Francisco, CA 94107, USA. Stripe processes payment data in order to process payments on the website. Stripe, Inc. is certified according to the EU-US Privacy Shield agreement and thus guarantees compliance with data protection regulations in the EU. For more information about Stripe please refer to https://stripe.com/de/privacy.

3. Google Analytics

We use Google Analytics, a web analysis service of Google Inc, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on the users’ device to help the website analyze how they use the site. The cookie generates information such as browser type/version; operating system used; referrer URL (page previously visited); host name of the accessing computer (IP address); time of the server request when using the website. This information is usually transmitted to a Google server in the USA and stored there, but given that IP anonymization is activated on the MARIEKKEvintage website, our users’ IP addresses will be previously abbreviated within EU member states or other parties to the Agreement on the European Economic Area. This means that the full IP address will not be transmitted to a Google server in the USA and shortened there. IP anonymization is activated on the Pamono website. On behalf of the operator of this website Google will use this information to evaluate your usage of the website, to create reports on website activities and to provide other services related to website and internet usage to the website operator. The IP address transmitted by your browser within the context of Google Analytics will not be combined with any other data held by Google.

By using appropriate settings you can prevent the storage of cookies in your browser. In this case however we would like to point out that you might not be able to fully use all functions of theMARIEKKEvintage website(s). It is also possible to prevent the collection of data generated by the cookie and related to the usage of the website to Google as well as the processing of these data by Google by downloading and installing the browser plugin available here:http://tools.google.com/dlpage/gaoptout?hl=de

For more information please refer to Google’s privacy policy:http://www.google.de/policies/privacy/.

3.1 Social plugins

Our website also contains social plugins which are used to connect the website to the following social networks: Instagram and Pinterest.

By default these social plugins are deactivated and therefore no data gets transferred.

Our website(s) and services use the social plugin for the services of Pinterest Inc, 808 Brannan Street, San Francisco, CA 94103, USA, and Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (“Pinterest”).

Pinterest’s privacy policy can be found at https://policy.pinterest.com/de/privacy-policy

4. Your rights: information, correction, deletion, restriction of processing, revocation, data portability, right of appeal

4.1 Right of access to stored personal data

Every user has a right to access the personal data stored about their person at any time and free of charge.

This right of access to stored personal data includes the right to know whether personal data concerning the data subject is being processed and, if so, the following related information:

purpose(s) of data processing; categories of personal data being processed; recipient(s) or categories of recipient(s) who the personal data has been disclosed to or is currently being disclosed to, especially in the case of recipients established in third countries or international organizations;

if possible the planned duration that personal data is to be stored for, or, if this is not possible to tell, the criteria that determine this duration;

the existence of a right of correction or deletion of the user’s personal data or restrictions of processing by the party responsible or of a right of opposition to such processing; the existence of a right to lodge complaints with a regulatory authority;

if the personal data is not collected from the data subject themselves, all available information about the data’s origin; the existence of automated decision-making including profiling (according to GDPR) and – at least in these cases – relevant information about the applied logic as well as the scope and the intended effects of such processing for the data subject.

The right of access to stored personal data does not exist if the data is only stored because it may not be deleted by reason of statutory, constitutional and contractual regulations on retention and for data backup and data protection control, and if therefore the provision of information would require disproportionate effort, and if appropriate technical and organizational measures preclude processing of personal data for further purposes.

4.2 Revocation

The user has the right to revoke their consent regarding the use, processing or transmission of their data at any time. To this end the user can contact us at vintage@wimternet.nl.

In the case of the withdrawal of your consent for the storing, processing and use of your personal data, we will immediately delete all of your saved data. This does not apply if compelling legitimate grounds are given for processing that outweigh your interests, fundamental rights and fundamental freedoms or if data processing is required to establish, exercise or defend legal claims.

We will therefore continue to use this data, for example, if it is still necessary for the implementation of the contractual relationship, for example.

4.3 Rectification and integration of data

You have the right to have any inaccurate personal data immediately corrected. You have the right to request the rectification of your personal data (for example by submitting an explanation about the inaccuracy of the data) in view of the given processing purposes. For this purpose please contact vintage@wimternet.nl.

4.4 Erasure (“Right to be forgotten”)

You have the right to demand that we delete your personal data immediately. For this, please contact vintage@wimternet.nl

Your personal data will be deleted immediately in the following cases:

if we no longer need your personal data for the purposes for which they were initially collected or otherwise processed;

if you revoke your consent that formed the basis for the processing, and there is no other legal basis for processing;

if you object to the processing and there are no proper overriding legitimate reasons for processing;

if the personal data has been unlawfully collected.

if the deletion of the personal data is required to fulfill a legal obligation under EU law or the law of the Member States to which we are subject;

if the personal data relating to information society services offered directly was collected from a child under 16 years of age without parental consent.

When a customer account is deleted, their data that had been stored in the internal database is also deleted, except if data processing is required to establish, exercise or defend legal claims, such as fulfillment of contractual obligations with MARIEKKEvintage (cf. paragraph 5) or if legal retention periods prevent deletion.

Data will not be deleted if processing of the data is necessary (i) to perform a legal obligation in the public interest or in the exercise of official authority that we have been vested in; (ii) to exercise the right to free speech and information; (iii) on grounds of public interest in the field of public health; or (iv) for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes, if the right to deletion presents a serious obstacle to reaching the objectives of this processing or makes it.

In the case of non-automated data processing, data need not be deleted if it this would require disproportionate effort or if it is impossible, and if your interest in deleting is seen as small. In this case, data processing will be restricted instead of the data erased.

Moreover, we will restrict data processing rather than delete the data as long and as far as we have reason to believe that erasure would adversely affect legitimate interests of the data subject. We will inform the data subject of the restriction of processing if doing so is not impossible or would not involve a disproportionate effort.

Please also refer to the following sections 4.5 and 5 below.

4.5 Right to restriction of processing

You have the right to request us to restrict the processing of your personal data if one of the following conditions is met: (i) The accuracy of the personal data is disputed by you for a period that enables us to verify the accuracy of the personal data; (ii) The processing is unlawful, you refuse to delete the personal data and instead demand a restriction on the use of the personal data; (iii) We no longer need the personal data for the purposes of processing, you need the data to assert, exercise or defend legal claims; or (iv) You have filed an objection against the processing and it is not yet clear whether the legitimate reasons of our company outweigh your legitimate reasons for the objection. If the above conditions are met and you wish to have your personal data stored by us restricted, you can contact us at vintage@wimternet.nl at any time. We will then arrange for processing to be restricted. If you have been confirmed that the processing of your personal data is restricted, we will inform you in advance if we lift this restriction again.

Instead of personal data being deleted, its processing may be restricted. Please refer to the previous section for more details.

4.6 Right to data portability

You have the right to receive your personal data (that you have provided to us) in a structured, commonly used and machine-readable format. For this, please contact us at: vintage@wimternet.nl. You also have the right to transmit those data to another controller without hindrance from us (who was provided with the personal data), provided that the processing is based on consent or on a contract to which the data subject is a party and provided that the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

This right shall apply if it adversely affects the rights and freedoms of others, or if processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

4.7 Right of appeal

You always have the right to appeal the processing of your personal data to a supervisory authority of your choice. In the Netherlands the authorities responsible for data protection are those that enforce the respective federal state laws.

5. Duration of storage of personal data; deadlines for deletion

As a general rule we only keep the personal information for as long as it is necessary to fulfill the contractual obligations or in regard to a given purpose, and we limit the storage period to an absolutely necessary minimum.

The duration of storage may vary in the case of longer-term contractual relationships, such as e.g. when using our website(s) and services, but as a rule are limited to the duration of the given contractual relationship or, with regard to inventory data, the maximum is set to the statutory retention periods.

The duration of storage depends on, among other things, whether the data is still current, whether the contractual relationship with us still exists or whether an inquiry has already been processed, whether a process has been completed or not and whether legal retention periods for the personal data concerned are pertinent or not.

6. Data security, scope of application

6.1 Data security

In order to ensure the best possible standard of protection for your personal data, theMARIEKKEvintage website offers a secure SSL connection between the user’s server and the browser, i.e. the data is transmitted securely using encryption.

When using our website and services, user data are stored on servers within the EU. It should be specifically noted that with current technology the security of data transmission via open networks such as the internet cannot be fully guaranteed. You are aware of the fact that, from a technical point of view, the provider can at any time view the pages stored on the web server and other stored data that concerns you. You are fully responsible for ensuring that the data that you transmit through the Internet and store on web servers are protected and secure. We are not liable for disclosure of personal information due to errors in transmission and/or unauthorized access by third parties.

6.2 Availability and validity of privacy statement; modifications

You can view, download and print out this privacy statement at any time on our website athttps://mariekke.nl/privacy

We have the right to modify this privacy statement in compliance with the relevant regulations.

7. Responsible party for data protection; contact

Please contact us by email at vintage@wimternet.nl if you have any questions about data protection.