Terms and conditions

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of MIFCOM GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or a business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store, as well as offers submitted by the Seller in writing or in written form. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, email, mail, or via the online contact form.

2.3 Offers submitted by the seller in writing or in text form are—like the product descriptions in the online store—always subject to change and non-binding, unless the offer is designated as binding. The customer may submit a legally binding offer to enter into a contract (order) regarding the goods contained in the offer to the seller by telephone, fax, email, or mail.

2.4 The Seller may accept the Customer’s offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive,
or- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive,
or- by requesting payment from the customer after the customer has placed their order.
 

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the Customer submits their order. In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login credentials, provided the Customer has created a customer account in the Seller’s online shop prior to submitting their order.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that finalizes the order process.

2.7 The German language is the only language available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal is provided in the seller’s cancellation policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the product description or the seller’s offer, the prices listed are total prices that include the statutory sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description or offer.

For deliveries outside the EU (with the exception of Switzerland), the customer bears all customs duties, taxes, fees, and other public charges incurred upon import and/or export.

4.2 The payment option(s) will be communicated to the customer in the seller’s online store or in the offer.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT” that uses a PIN/TAN procedure, must authenticate themselves accordingly during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with Unzer GmbH (formerly Heidelpay), Vangerowstrasse 18, 69115 Heidelberg, Germany (www.unzer.com), to which the provider assigns its payment claim. Unzer GmbH will collect the invoice amount from the customer’s specified credit card account. In the event of such assignment, payment may only be made to Unzer GmbH with debt-discharging effect. The credit card will be charged immediately after the customer’s order is submitted. Even when the credit card payment method is selected via Unzer GmbH, the provider remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes.

4.7 For the payment method “purchase on account” (available only to business customers; not selectable in the online store), the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer of the corresponding payment restriction. The Seller further reserves the right to conduct a credit check when the “Purchase on Invoice” payment method is selected and to reject this payment method if the credit check is negative.

4.8 If the “Financing with easyCredit” payment method is selected, payment processing is handled by TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter “TeamBank AG”), to whom the Seller assigns its payment claim. Prior to accepting the Seller’s assignment declaration, TeamBank AG conducts a credit check using the customer data provided. The Seller reserves the right to deny the customer the “Installment Purchase by easyCredit” payment method in the event of a negative credit check result. If the “Installment Purchase by easyCredit” payment method is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG under the terms set by the seller, which are communicated to the customer in the seller’s online store. In this case, the customer may only make payments to TeamBank AG with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes. In addition, the General Terms and Conditions for Installment Purchases via easyCredit apply, which can be accessed online at https://www.easycredit-ratenkauf.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.

4.9 If the payment method “Financing with Consors Finanz” is selected, the purchase contract is only concluded after the successful execution of a corresponding loan agreement with BNP Paribas S.A., German Branch, Schwanthalerstr. 31, 80336 Munich. Consors Finanz is a product of BNP Paribas S.A., German Branch. Consors Finanz, and not the seller, becomes the contracting party to the loan agreement. The seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related returns, or credit notes. If Consors Finanz rejects the customer’s financing request, the purchase contract with the seller for the ordered goods does not come into effect.

5. Delivery and Shipping Terms

5.1 Goods are delivered by mail to the delivery address provided by the customer, unless otherwise agreed. For orders placed via the seller’s online order form, the delivery address specified in the online order form is decisive. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set forth in the seller’s cancellation policy shall apply if the customer effectively exercises their right of cancellation.

5.3 The risk of accidental loss and accidental deterioration of the goods sold generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the payment will be refunded without delay.

5.5 For self-pickup, the Seller will first notify the Customer via email that the goods ordered by the Customer are ready for pickup. Upon receipt of this email, the Customer may pick up the goods at the Seller’s place of business after coordinating with the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- via email

6. Retention of Title

6.1 With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to business customers, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations to the Seller, is not in default of payment, and no petition for the opening of insolvency proceedings has been filed.

7. Liability for Defects (Warranty)

If the purchased item is defective, the provisions of statutory liability for defects apply. In addition, the respective manufacturer’s warranty applies to the products offered.

Notwithstanding the foregoing, the following applies:

7.1 If the customer is acting as a business,

- the seller may choose the method of subsequent performance;
- the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.2 The statute of limitations for claims for defects in used goods is one year from delivery of the goods to the customer, subject to the provision in the following paragraph.

7.3 The limitations of liability and shortened limitation periods set forth in the preceding clauses do not apply

- to items that have been used in accordance with their customary use for a structure and have caused its defectiveness,
- to the customer’s claims for damages and reimbursement of expenses, as
well as - in the event that the seller fraudulently concealed the defect.

7.4 Furthermore, for business customers, the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.6 If the customer acts as a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

7.7 If the remedy has been provided by way of a replacement delivery, the customer is obligated to return the originally delivered goods to the seller at the seller’s expense within 30 days. The return of the defective goods must be carried out in accordance with statutory provisions.

8. Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal basis

- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- based on a warranty promise, unless otherwise stipulated in this regard,
- based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9. Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may only be redeemed in the Seller’s online store and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or is grossly negligent in not knowing of the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10. Terms and Conditions for Participation in Our Instagram Contests

Participation in contests organized by MIFCOM GmbH (hereinafter referred to as “MIFCOM”), Neumarkter Straße 34, 81673 Munich, Germany, is only possible subject to these terms and conditions. By participating in a contest, participants accept the following terms and conditions. The contests are not affiliated with META and are in no way sponsored, endorsed, or organized by META.

1. Eligibility Requirements

Eligible to participate are all natural persons of legal age who are at least 16 years old at the time of participation and have their permanent residence in Germany or Austria (hereinafter referred to as “Participants”). Employees of MIFCOM GmbH and their relatives are excluded from participation.

Each participant may enter the contest only once.

To participate, participants must follow the MIFCOM Instagram account, like the post, tag two friends, and, if specified, answer the question asked in the comments of the contest post.

Sharing the post in your Story for 24 hours earns you an extra entry.

Participation in a contest is not tied to the purchase of products or the use of other services provided by MIFCOM.

The entry deadline is always at 11:59 PM on the date specified in the post. Timely participation is determined by following the MIFCOM Instagram account, liking the post, and commenting and tagging 2 friends under the giveaway post.

Legal recourse is excluded.

2. Early Termination and Exclusion from Giveaways

MIFCOM reserves the right to cancel a contest in whole or in part. This applies in particular if the contest cannot proceed as planned for any reason. This includes, for example, software and/or hardware errors and/or other technical and/or legal reasons that affect the administration, security, integrity, and/or the regular and proper conduct of the contest.

MIFCOM also reserves the right to exclude individuals who violate these terms and conditions of participation or who use unauthorized aids or otherwise gain an advantage through manipulation.

3. Prizes

The prizes are specified in the contest post and may vary.

Winners will be selected by random drawing.

The prize cannot be transferred to a third party. A cash payout in the event of a win is not possible.

Winners will be notified via a direct message on Instagram.

4. Liability

Claims for damages in connection with the conduct of the contest are excluded, unless otherwise specified below. The foregoing disclaimer of liability also applies in favor of MIFCOM’s legal representatives and vicarious agents, insofar as participants should assert claims against them. Excluded from the aforementioned disclaimer of liability are claims for damages arising from injury to life, limb, or health, and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Also excluded from the disclaimer of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by MIFCOM. Furthermore, this excludes damages arising from the impairment of the availability of the contest website due to technical malfunctions beyond our control and events of force majeure, as well as attacks by third parties against the contest website. However, MIFCOM will make every effort to ensure the reliability and functionality of the contest website. Furthermore, MIFCOM does not guarantee that the contest website will function properly on your device.

5. Data Protection

In connection with your participation in this contest, MIFCOM processes information about participants in accordance with our privacy policy. MIFCOM processes participants’ data exclusively in accordance with the applicable data protection requirements of the EU General Data Protection Regulation 2016/679 and other applicable data protection regulations. In doing so, MIFCOM ensures the protection of personal data, in particular through technical and organizational security measures that comply with current security standards.

MIFCOM processes and stores participants’ data exclusively for the purpose of fulfilling the contest agreement with the participants in accordance with Article 6(1)(b) of the GDPR.

For the administration of the contest, data processing is based on Article 6(1)(b) of the GDPR

6. Jurisdiction / Applicable Law

In the event of disputes, German law shall apply exclusively. If the participant is a consumer, this choice of law shall apply only to the extent that it does not deprive the participant of the protection afforded by mandatory statutory provisions or case law in the country where the participant has their domicile or habitual residence. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The place of jurisdiction is agreed to be the registered office of MIFCOM, provided the participant is a merchant.

If the participant does not have a general place of jurisdiction in Germany, or moves their residence abroad after participating, the registered office of MIFCOM is likewise agreed as the place of jurisdiction.

Privacy Information for Participation in a Sweepstakes

In connection with participation in a contest organized by MIFCOM GmbH, Neumarkter Straße 34, 81673 Munich, Germany (hereinafter referred to as “MIFCOM” or “we”), MIFCOM also processes information about the participants. We process the data exclusively in accordance with the applicable data protection requirements of the EU General Data Protection Regulation 2016/679 (“GDPR”), the Federal Data Protection Act (“BDSG”), and other applicable data protection regulations. In doing so, we ensure the protection of personal data, in particular through technical and organizational security measures that comply with current security standards.

1. Who is responsible for processing my data?

We are the data controller responsible for processing the personal data of participants in connection with their participation in the contest. We will process the personal data in this context for the purposes specified in this privacy notice.

2. What data does MIFCOM process about me?

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data”). This includes data that participants are required to provide to us in order to participate in the contest, as we cannot otherwise conduct the contest (in the event of a win, this includes name and address, as well as phone number and email address). In addition, participants may provide us with their customer number if they win. The latter data is not strictly necessary for participation in the contest.

We will not subject participants, in the context of processing their data, to a decision based solely on automated processing that produces legal effects concerning them or similarly significantly affects them. We do not process special categories of personal data within the meaning of Art. 9 GDPR from participants.

3. For what purposes does MIFCOM process my data?

We process the data provided to us by participants exclusively for the purposes permitted under the GDPR. This applies in particular to the fulfillment of contracts concluded with participants, i.e., primarily for the conduct and administration of the contest.

In addition, we are also required to process participants’ personal data for the purposes of fulfilling legal obligations and for the establishment, exercise, or defense of legal claims. This also includes, for example, storing data on backup media, such as to comply with legal requirements regarding data security and to safeguard our legitimate interests in ensuring a stable IT infrastructure.

4. On what legal basis does MIFCOM process my data?

We process participants’ data only if permitted by law. Depending on the purpose of processing, we may process the data on a different legal basis.

· Contest: To conduct and administer the contest, we process participants’ data to fulfill the contest agreement with them in accordance with Art. 6(1)(b) GDPR.

· Compliance with legal obligations: To the extent that we process data to comply with legal obligations, this processing is based on Article 6(1)(c) of the GDPR.

· Legal claims: To the extent that we process participants’ data to assert, exercise, or defend legal claims, this processing is based on our legitimate interests pursuant to Art. 6(1)(f) GDPR.

5. How long does MIFCOM retain my data?

We will retain participants’ data in accordance with data protection requirements only for as long as necessary for the respective purposes described. This means that we will delete the data related to the contest after the expiration of the statutory limitation periods for potential claims, including those of third parties, in connection with the contest, as well as upon the expiration of the statutory retention obligations. The commercial and tax law retention and documentation periods specified therein extend up to ten years beyond the end of the contractual relationship or the pre-contractual legal relationship. Furthermore, specific legal provisions may also require a longer retention period, such as the preservation of evidence under statutory limitation periods of up to 30 years.

6. How does MIFCOM protect my data?

The security of participants’ data is of great importance to us. Therefore, we store and process data in accordance with the security requirements for such processing set forth in Article 32 of the GDPR. To this end, we have developed comprehensive technical and organizational security measures that comply with internationally recognized standards and which we review on an ongoing basis.

7. With whom does MIFCOM share my data?

We only disclose participants’ data stored with us when legally required to do so in accordance with applicable data protection regulations (e.g., to government authorities). However, in conducting the sweepstakes and organizing MIFCOM’s promotional and opinion research activities (e.g., the newsletter), we are supported by companies affiliated with us as well as various service providers who, where applicable, will process participants’ data on our behalf exclusively for MIFCOM. Beyond this, we do not disclose the data to third parties.

8. Does MIFCOM transfer my data to third countries?

The EU Commission has determined in an adequacy decision that Switzerland has an adequate level of data protection. Accordingly, we have not implemented any additional security measures for data transfers to Switzerland. Otherwise, we do not transfer your data to any countries outside the EU or the European Economic Area.

9. My Rights as a Data Subject

As a data subject affected by the processing of data, the participant may assert certain rights against us under the GDPR and other relevant data protection regulations. To do so, the participant may contact us via the channels outlined in Section 11 of this Privacy Policy. The following section contains explanations of data subject rights under the GDPR.

9.1 Data Subject Rights

Under the GDPR, participants have the following rights as data subjects:

· Right of access (Art. 15 GDPR): The participant may request information from us at any time regarding the data we hold about them. This information includes, among other things, the categories of data we process, the purposes for which we process them, and, where applicable, the recipients to whom we have disclosed their data. The participant may receive from us a free copy of their data that is subject to processing. Should the participant be interested in additional copies, we reserve the right to charge them for such additional copies, if applicable.

· Right to Rectification (Art. 16 GDPR): The participant may request that we rectify their data. We will take reasonable measures to ensure that the data we hold and continuously process regarding the participant remains accurate, complete, up-to-date, and relevant, based on the most recent information available to us.

· Right to erasure (Art. 17 GDPR): The participant(s) may request that we erase their data, provided the legal requirements for doing so are met. This may be the case under Art. 17 GDPR, for example, if:
- the data is no longer necessary for the purposes for which it was collected or otherwise processed;
- the participants withdraw their consent, which is the basis for data processing, and there is no other legal basis for the processing;
- the participants object to the processing of their data and there are no overriding legitimate grounds for the processing, or they object to the processing of data for direct marketing purposes;
- The data has been processed unlawfully;

and provided that the processing is not necessary,
- to ensure compliance with a legal obligation that requires us to process the participants’ data, particularly with regard to statutory retention periods;
- to assert, exercise, or defend legal claims.

· Right to restriction of processing (Art. 18 GDPR): The participant may request that we restrict the processing of their data if
- they contest the accuracy of the data, for the period we need to verify the accuracy of the data;
- the processing is unlawful and they object to the erasure of their data and instead request the restriction of use;
- we no longer need the participant’s data, but they need it to assert, exercise, or defend legal claims;
- they have objected to the processing, as long as it has not yet been determined whether our legitimate grounds override theirs.

· Right to object (Art. 21 GDPR): The participant may object to the processing of their data at any time on grounds relating to their particular situation, provided that the data processing is based on their consent. In this case, we will no longer process the participant’s data. The latter does not apply if we can demonstrate compelling legitimate grounds for the processing that override their interests, or if we need their data to assert, exercise, or defend legal claims.

9.2 Timeframes for Complying with Data Subjects’ Rights

We generally strive to respond to all requests without delay. However, the time required to fulfill participants’ rights may be extended in individual cases for reasons related to the specific right of the data subject or the complexity of their request.

9.3 Restrictions on Disclosure When Fulfilling Data Subject Rights

In certain situations, we may not be able to provide participants with information about all of their data due to legal requirements. If we must deny your request for information in such a case, we will inform the participants of the reasons for the denial at the same time.

9.4 Complaints to Supervisory Authorities

We take participants’ concerns and rights very seriously. However, if a participant believes that we have not adequately addressed their complaints or concerns, they have the right to file a complaint with a competent data protection authority.

10. How can I access the relevant legal texts?

Participants can access the text of the GDPR on the following website: 
http://eur-lex.europa.eu/. 
Other relevant legal texts can be found at: http://www.gesetze-im-internet.de (Germany); https://www.ris.bka.gv.at/Bund/ (Austria); https://www.fedlex.admin.ch/ (Switzerland)

11. How can I contact MIFCOM or MIFCOM’s Data Protection Officer?

Participants may contact us with data protection inquiries and to exercise their rights at:

MIFCOM GmbH Attn: Data Protection Neumarkter Straße 34 81673 Munich Germany Email: [email protected]

11. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12. Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13. Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Notices

Our notices regarding the Battery Act, the Electrical and Electronic Equipment Act, and the Packaging Act can be found in our notices.