Terms and Conditions & Privacy Policy

The protection of your personal data is very important to us. At Kirsch Ente, we inform you here about the way we use, store, and protect your data. We use the latest security measures and work only with trusted payment providers to securely process transactions.

You can trust that your data is in safe hands with us. We strictly comply with applicable data protection laws and will inform you promptly about completed purchases or changes to our policies.

1) Information about the collection of personal data and contact details of the controller
1.1 We are pleased that you are visiting our Kirsch Ente website and thank you for your interest. Below, we will inform you about how we handle your personal data when you use our website. Personal data means all data by which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Kirsch Ente - Tanja Irene Höhentinger - Kolpingstraße 6 - 83308 Trostberg - email: Kirsch_ente@gmx.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data. 1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the responsible person), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the sequence “https://” and the lock symbol in your browser bar. 2) Data collection when visiting our website 

2.1. In the case of merely informative use of our website, that is, if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

The website we visited, date and time at the time of access, amount of data sent in bytes, source/referral from which you reached the page, browser used, operating system used, IP address used (if applicable: in anonymized form). Processing takes place in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to retrospectively check the server log files if there are concrete indications of illegal use. 

2.2 Revocation of Your Consent to Data Processing Many data processing operations are only possible with your explicit consent. You can revoke consent you have already given at any time. A simple message via email to us is sufficient for this. The legality of the data processing that took place up to the point of revocation remains unaffected by the revocation. 3) Cookies To make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after you close your browser (so-called session cookies)

Other cookies remain on your device and allow your browser to be recognized the next time you visit (so-called persistent cookies). When cookies are set, they collect and process certain user information, such as browser and location data as well as IP address values, to varying degrees. Persistent cookies are automatically deleted after a set period, which can vary depending on the cookie. You can find out how long each cookie is stored in the overview of your browser’s cookie settings. Some cookies are used to simplify the ordering process by storing settings (e.g., remembering the contents of a virtual shopping cart for a later visit to the website). If any of the cookies we use also process personal data, this processing takes place in accordance with Art. 6(1)(b) GDPR for the performance of the contract, in accordance with Art. 6(1)(a) GDPR in the case of given consent, or in accordance with Art. 6(1)(f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit. Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in how it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.You can find these for the respective browsers at the following links: Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac Opera: https://help.opera.com/en/latest/web-preferences/#cookies Please note that if you do not accept cookies, the functionality of our website may be limited. 4) Contacting Us When you get in touch with us (e.g., via a contact form or email), personal data is collected. The data collected in the case of a contact form can be seen in the respective contact form. This data is stored solely for the purpose of responding to your inquiry or for contacting you and the associated technical management.The legal basis for processing this data is our legitimate interest in responding to your inquiry according to Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after your request has been fully processed. This is the case when it can be assumed from the circumstances that the matter has been conclusively resolved and provided there are no legal retention obligations. 5) Delivery and shipping terms 5.1 The delivery of goods is made via shipping to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address stated in the seller's order processing is binding. Deviating from this, if you choose PayPal as the payment method, the delivery address stored by the customer in PayPal at the time of payment applies.5.2 If the shipping company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance that made delivery impossible or if they were temporarily unable to accept the offered service, unless the seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, in the case of effective exercise of the right of withdrawal by the customer, the regulation specified in the seller's withdrawal instructions applies.5.3 For self-pickup, the seller first informs the customer by email that the goods they ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's premises in coordination with the seller. In this case, no shipping costs are charged. 6) Data Processing for Payment Handling 6.1 To process your order, we work with the following service provider(s), who assist us wholly or partly in fulfilling concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information. The personal data we collect is shared with the shipping company responsible for delivery as part of order fulfillment, as far as this is necessary for delivering the goods. We share your payment information with the appointed financial institution as part of payment processing, but only if this is necessary for processing the payment. If payment service providers are used, we will explicitly inform you about this below. The legal basis for sharing the data is Art. 6 para. 1 lit. b GDPR. 6.2 Use of payment service providers - PayPal When paying via PayPal, credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account" or "installment payment" via PayPal, we share your payment information with PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of payment processing. The sharing is done according to Art. 6 para. 1 lit. b GDPR and only to the extent necessary for payment processing. PayPal reserves the right for payment methods like credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account"or “installment payment” via PayPal, the execution of a credit check is required. For this purpose, your payment data may be shared with credit agencies in accordance with Art. 6 Para. 1 lit. f GDPR based on PayPal’s legitimate interest in determining your creditworthiness. PayPal uses the result of the credit check regarding the statistical probability of payment default to decide whether to provide the respective payment method. The credit report may include probability values (so-called score values). As far as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data. For further data protection information, including the credit agencies used, please refer to PayPal’s privacy policy:https://www.paypal.com/de/webapps/mpp/ua/privacy-full You can object to the processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the proper handling of payments.​​7) Rights of the data subject 7.1 The applicable data protection law grants you comprehensive rights as a data subject regarding the processing of your personal data (rights to information and intervention), which we inform you about below:Right to information according to Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if not collected by us from you, the existence of automated decision-making including profiling, and where applicable, meaningful information about the logic involved and the significance and intended consequences of such processing for you, as well as your right to be informed of the safeguards provided under Art. 46 GDPR In the case of forwarding your data to third countries; Right to rectification according to Art. 16 GDPR: You have the right to have inaccurate data concerning you corrected immediately and/or to complete your incomplete data stored with us; Right to erasure according to Art. 17 GDPR: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 GDPR are met. However, this right does not exist in particular if the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims; Right to restriction of processing according to Art. 18 GDPR:You have the right to request the restriction of the processing of your personal data while the accuracy of your disputed data is being verified, if you reject the deletion of your data due to unlawful data processing and instead request the restriction of processing your data, if you need your data to assert, exercise, or defend legal claims, after we no longer need these data following the purpose for which they were collected, or if you have objected because of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail; right to be informed under Art. 19 GDPR:If you have exercised the right to rectification, erasure, or restriction of processing with the controller, they are obliged to inform all recipients to whom your personal data have been disclosed of this rectification, deletion of data, or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients. Right to data portability under Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format, or to request the transfer to another controller, to the extent technically feasible; Right to withdraw consent given under Art. 7(3) GDPR:You have the right to withdraw any consent you have given for the processing of data at any time with effect for the future. In the event of a withdrawal, we will immediately delete the data concerned, unless further processing can be based on a legal ground for processing without consent. The withdrawal of consent does not affect the lawfulness of processing carried out based on the consent up to the point of withdrawal; Right to lodge a complaint under Article 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, without prejudice to any other administrative or judicial remedy, in particular in the member state of your residence, your workplace, or the place of the alleged violation.

7.2 RIGHT TO OBJECT IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING IS PERMITTED IF WE CAN PROVE COMPELLING LEGITIMATE REASONS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENSE OF LEGAL CLAIMS. IF YOUR PERSONAL DATA IS PROCESSED BY US TO CONDUCT DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH PURPOSES. YOU CAN EXERCISE THIS OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA FOR DIRECT MARKETING PURPOSES. 8) Duration of storage of personal data The duration of storage of personal data depends on the applicable legal basis, the purpose of the processing, and—if applicable—additionally on any statutory retention periods (e.g., commercial and tax retention periods). When personal data is processed based on explicit consent according to Art. 6(1)(a) GDPR, this data will be stored until the data subject withdraws their consent. 

If there are legal retention periods for data that is processed under contractual or contract-like obligations based on Art. 6(1)(b) GDPR, this data is routinely deleted after the retention periods expire, unless it is still needed to fulfill or initiate a contract and/or we have a legitimate interest in continuing to store it. When processing personal data based on Art. 6(1)(f) GDPR, this data is stored until the data subject exercises their right to object under Art. 21(1) GDPR, unless we can demonstrate compelling legitimate reasons for processing that override the interests, rights, and freedoms of the data subject, or if the processing is for asserting, exercising, or defending legal claims.When processing personal data for the purpose of direct marketing based on Art. 6 para. 1 lit. f GDPR, this data will be stored until the data subject exercises their right to object according to Art. 21 para. 2 GDPR. Unless the other information in this statement about specific processing situations indicates otherwise, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.​9) Retention of Title If the seller provides the goods in advance, they retain ownership of the delivered goods until the full payment of the purchase price owed.​10) Applicable Law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods.For consumers, this choice of law only applies insofar as the protection granted is not taken away by mandatory provisions of the law of the country in which the consumer has their habitual residence.​11) Right of withdrawal 11.1 Consumers generally have a right of withdrawal. 11.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions. 11.3 According to § 312g para. 2 no. 9 BGB, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the service. Accordingly, a right of withdrawal is also excluded for contracts involving the sale of tickets for scheduled leisure events. 12) Prices and payment terms 12.1 Unless otherwise stated in the seller's product description, the prices listed are total prices. VAT is not shown because the seller is a small business according to the German VAT Act (UStG). Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description. 12.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the seller's responsibility and must be borne by the customer. These include, for example, costs for transferring money through financial institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties). Such costs may also occur regarding money transfers even if the delivery is not to a country outside the European Union, but payment is made from a country outside the European Union.12.3 The payment option(s) will be communicated to the customer in the seller's online shop. 12.4 If prepayment via bank transfer is agreed upon, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date. 12.5 When paying with a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), according to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – according to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 13) Comment function on this website.13.1. For the comment function on this page, in addition to your comment, information about the time the comment was made, your email address, and, if you are not posting anonymously, the username you chose will be saved. 13.2. Storage of the IP address. Our comment function stores the IP addresses of users who write comments. Since we don’t review comments on our site before they are published, we need this data to be able to take action against the author in case of legal violations such as insults or propaganda.

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