Legal Information
Legal Notice
Paracelsusweg 7
30655 Hanover
Germany
Tel.: +49 (0) 177 - 2132621
Email: info@skate-media.com
Court of registration: Hanover
Registration number: HRB 230820
Managing Director: Katharina Miles
VAT registration number: DE328469265
Responsible person within the meaning of Section 18(2) of the Media Services State Treaty (MStV):
Katharina Miles (address and contact details as above)
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
DESIGN AND PROGRAMMING
IT & Webmedia GmbH
Hauptstraße 42
31542 Bad Nenndorf
Germany
Email address: info@it-webmedia.de
Telephone number: +49 (0) 5723 - 7869808
Website: www.it-webmedia.de
COPYRIGHT
All content used on this website, in particular text, images and videos, is protected by copyright. The rights to some of the media used on this site are held by the following creators:
• Header video (page: https://www.the-skate-club.com/pages/kat-miles ) – Amrei Schulz & Ben Keite
• Portrait photo (first photo on the page: https://www.the-skate-club.com/pages/kat-miles ) – Miss Germany Studios GmbH & Co. KG & Ariel Oscar Greith
• ‘Dancing on Ice’ photo (penultimate photo on the page: https://www.the-skate-club.com/pages/kat-miles ) – Marc Rehbeck (SAT.1)
• Photo (last photo on the page: https://www.the-skate-club.com/pages/kat-miles ) – BILD Zeitung (Hanover)
Any reproduction, distribution or public display requires the express written consent of the respective rights holders.
Privacy Policy
1) Introduction and contact details of the data controller
1.1 We are delighted that you are visiting our website and thank you for your interest. Below, we provide information on how we handle your personal data when you use our website. Personal data refers to any data that can be used to personally identify you.
1.2 The data controller for this website within the meaning of the General Data Protection Regulation (GDPR) is SKATE & Media GmbH, Paracelsusweg 7, 30655 Hanover, Germany, Tel.: +49 (0) 177 - 2132621, email: info@skate-media.com. The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Data collection when visiting our website
2.1 When you use our website purely for information purposes – that is, if you do not register or otherwise provide us with information – we only collect data that your browser transmits to the website server (so-called ‘server log files’). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
- The website you have visited
- Date and time of access
- Amount of data sent in bytes
- Source/link from which you accessed the page
- Browser used
- Operating system used
- IP address used (where applicable: in anonymised form)
Processing is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be disclosed or used for any other purpose. We do, however, reserve the right to review the server log files retrospectively should there be concrete indications of unlawful use.
2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the data controller), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the string ‘https://’ and the padlock icon in your browser address bar.
3) Hosting & Content Delivery Network
3.1 Amazon Web Services
We use the system provided by the following service provider to host our website and display its content: AWS EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg
Data may also be transferred to: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA
All data collected on our website is processed on the provider’s servers. We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.
3.2 Shopify
We use the system provided by the following provider to host our website and display its content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (‘Shopify’)
Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada
All data collected on our website is processed on the provider’s servers. We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
In the case of data transfers to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.
3.3 Cloudflare
We use a content delivery network provided by the following provider: Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA
This service enables us to deliver large media files such as graphics, page content or scripts more quickly via a network of regionally distributed servers. The processing is carried out to safeguard our legitimate interest in improving the stability and functionality of our website in accordance with Article 6(1)(f) of the GDPR. We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.
4) Cookies
To make your visit to our website more engaging and to enable the use of certain functions, we use cookies – small text files that are stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called ‘session cookies’), whilst others remain on your device for longer and enable page settings to be saved (so-called ‘persistent cookies’). In the latter case, you can find the storage period in the overview of your web browser’s cookie settings.
Where personal data is also processed by individual cookies we use, such processing is carried out in accordance with Article 6(1)(b) of the GDPR either for the performance of a contract, in accordance with Article 6(1)(a) of the GDPR where consent has been given, or in accordance with Article 6( 1(f) of the GDPR to safeguard our legitimate interests in ensuring the best possible functionality of the website and a user-friendly and effective browsing experience.
You can configure your browser so that you are informed when cookies are set and can decide on a case-by-case basis whether to accept them, or you can block the acceptance of cookies in specific cases or generally.
Please note that if you do not accept cookies, the functionality of our website may be restricted.
5) Contacting us
5.1 WhatsApp Business
You have the option to contact us via the WhatsApp messaging service provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called ‘Business version’ of WhatsApp.
If you contact us via WhatsApp in connection with a specific transaction (for example, an order you have placed), we will store and use the mobile phone number you use with WhatsApp and – if provided – your first name and surname in accordance with Article 6(1)(b) GDPR to process and respond to your enquiry. On the same legal basis, we may ask you via WhatsApp to provide further data (order number, customer number, address or email address) in order to be able to link your enquiry to a specific transaction.
If you use our WhatsApp contact for general enquiries (such as regarding our range of services, availability or our website), we will store and use the mobile phone number you use on WhatsApp and – if provided – your first name and surname in accordance with Article 6(1)(f) of the GDPR, based on our legitimate interest in providing the requested information efficiently and promptly.
Your data will only ever be used to respond to your enquiry via WhatsApp. It will not be passed on to third parties.
Please note that WhatsApp Business gains access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server operated by the parent company, Meta Platforms Inc., in the USA. To operate our WhatsApp Business account, we use a mobile device whose address book contains only the WhatsApp contact details of those users who have actually contacted us via WhatsApp.
This ensures that any person whose WhatsAppcontact details are stored in our address book has, upon first using the app on their device, consented to the transfer of their WhatsApp telephone number from the address books of their chat contacts in accordance with Article 6(1)(a) of the GDPR by accepting the WhatsApp Terms of Service. The transfer of data relating to users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore excluded.
For information on the purpose and scope of data collection, as well as the further processing and use of data by WhatsApp, and your rights in this regard and the settings available to protect your privacy, please refer to WhatsApp’s privacy policy:
We have entered into a data processing agreement with the provider, which protects the data of our website visitors and prohibits its disclosure to third parties.
As part of the processing described above, data may be transferred to servers operated by Meta Platforms Inc. in the USA.
For data transfers to the USA, the provider has adhered to the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.
5.2 When you contact us (e.g. via the contact form or by email), personal data is processed – solely for the purpose of handling and responding to your enquiry and only to the extent necessary for this purpose.
The legal basis for the processing of this data is our legitimate interest in responding to your enquiry in accordance with Article 6(1)(f) of the GDPR. If your enquiry is aimed at entering into a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR. Your data will be deleted once it is clear from the circumstances that the matter in question has been conclusively resolved, provided that there are no statutory retention obligations to the contrary.
6) Data processing when opening a customer account
In accordance with Article 6(1)(b) of the GDPR, personal data will continue to be collected and processed to the extent necessary where you provide it to us when opening a customer account. You can find out which data is required to open an account by referring to the input fields on the relevant form on our website.
You may delete your customer account at any time by sending a message to the above-mentioned address of the data controller. Once your customer account has been deleted, your data will be deleted provided that all contracts concluded in connection with it have been fully settled, there are no statutory retention periods preventing this, and we no longer have a legitimate interest in continuing to store the data.
7) Use of customer data for direct marketing
7.1 Subscription to our email newsletter
If you subscribe to our email newsletter, we will send you regular updates on our offers. The only mandatory information required to receive the newsletter is your email address. Providing any further data is voluntary and is used to enable us to address you personally. We use the so-called ‘double opt-in’ procedure to send the newsletter, which ensures that you will only receive the newsletter once you have expressly confirmed your consent to receive it by clicking on a verification link sent to the email address you provided.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) of the GDPR. In doing so, we store your IP address as recorded by your Internet Service Provider (ISP), as well as the date and time of registration, so that we can trace any potential misuse of your email address at a later date. The data we collect when you subscribe to the newsletter is used strictly for the purpose for which it was collected.
You may unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the data controller named at the beginning of this notice. Once you have unsubscribed, your email address will be deleted immediately from our newsletter distribution list, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this statement.
7.2 Shopify Email
Our email newsletters are sent via this provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland
Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada
On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provide when subscribing to the newsletter to this provider in accordance with Article 6(1)(f) of the GDPR, so that they can handle the dispatch of the newsletter on our behalf.
Subject to your express consent in accordance with Article 6(1)(a) of the GDPR, the provider also carries out a statistical analysis of the success of newsletter campaigns using web beacons or tracking pixels in the emails sent, which can measure open rates and specific interactions with the newsletter’s content. In doing so, device information (e.g. time of access, IP address, browser type and operating system) is also collected and analysed, but is not combined with other data sets.
You may withdraw your consent to newsletter tracking at any time with future effect.
We have entered into a data processing agreement with the provider which protects the data of our website visitors and prohibits its disclosure to third parties.
In the case of data transfers to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.
7.3 SMS marketing
On our website, you have the option to sign up to receive SMS notifications about current offers, promotions and information regarding orders you have placed.
Your mobile phone number is required to receive SMS notifications. The provision of any further data is voluntary and is used to address you personally.
For the sending of SMS messages, the so-called ‘double opt-in’procedure, which ensures that promotional SMS messages are only sent to you once you have expressly confirmed your consent to receive them by clicking on a verification link sent to the mobile number you provided.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) of the GDPR. When you register for SMS messages, the date and time of registration are also stored so that any potential misuse of your mobile number can be traced at a later date. The data collected during registration is used exclusively for the purpose of sending you promotional messages via SMS.
You may unsubscribe from the SMS service at any time by sending a message to the data controller named above, thereby withdrawing your consent with effect for the future. Once you have unsubscribed, your mobile number will be deleted from the mailing list immediately, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this statement.
7.4 Product availability notifications by email
For items that are temporarily out of stock, you can sign up to receive email stock availability notifications. In this case, we will send you a one-off email message regarding the availability of the item you have selected. The only mandatory information required to send this notification is your email address. The provision of any further data is voluntary and may be used to address you personally. We use the so-called ‘double opt-in’ procedure for sending emails, which ensures that you will only receive a notification once you have expressly confirmed your consent by clicking on a verification link sent to the email address you provided.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) of the GDPR. In doing so, we store your IP address as recorded by your Internet Service Provider (ISP), as well as the date and time of registration, so that we can trace any potential misuse of your email address at a later date. The data we collect when you register for our email notification service regarding product availability is used strictly for the purpose for which it was collected.
You may unsubscribe from the availability notifications at any time by sending a message to the data controller named at the beginning of this notice. Once you have unsubscribed, your email address will be deleted immediately from our mailing list set up for this purpose, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.
7.5 Shopping basket reminders by email
If you abandon your shopping session with us before completing your order, you have the option of receiving a one-off email reminder of the contents of your virtual shopping basket.
The only mandatory information required to send this reminder is your email address. The provision of any further data is voluntary and may be used to address you personally. We use the so-called ‘double opt-in’ procedure for sending emails, which ensures that you will only receive a notification once you have expressly confirmed your consent by clicking on a verification link sent to the email address you provided.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) of the GDPR for the purpose of sending a shopping basket reminder. In doing so, we store your IP address as recorded by your Internet Service Provider (ISP), as well as the date and time of registration, so that we can trace any potential misuse of your email address at a later date. The data we collect when you register for our email notification service is used strictly for the purpose for which it was collected.
You may unsubscribe from the shopping basket reminders at any time by sending a message to the data controller named at the beginning of this notice. Once you have unsubscribed, your email address will be deleted immediately from our mailing list set up for this purpose, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.
8) Data processing for order fulfilment
8.1 Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data we collect will be passed on to the contracted transport company and the contracted credit institution in accordance with Article 6(1)(b) of the GDPR.
Where we are obliged, on the basis of a relevant contract, to provide updates for goods containing digital elements or for digital products, we will process the contact details you provided when placing your order in order to inform you personally in accordance with our statutory information obligations under Article 6(1)(c) of the GDPR. Your contact details will be used strictly for the specific purpose of sending notifications regarding updates we are obliged to provide and will be processed by us for this purpose only to the extent necessary to provide the relevant information.
8.2 Disclosure of personal data to delivery service providers
- DHL
We use the following provider as our transport service provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany
We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or to notify you of the delivery, provided that you have given your explicit consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the provider. The data will only be disclosed to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the supplier in advance or to provide advance notice of delivery.
Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
– UPS
We use the following provider as our transport service provider: United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany
We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or providing a delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the provider. The data will only be disclosed to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the supplier in advance or to provide advance notice of delivery.
Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
8.3 Use of payment service providers
- Apple Pay
If you choose the ‘Apple Pay’ payment method provided by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment processing takes place via the ‘Apple Pay’ function on your device running iOS, watchOS or macOS by debiting a payment card stored with ‘Apple Pay’. Apple Pay uses security features integrated into your device’s hardware and software to protect your transactions. Authorising a payment therefore requires you to enter a code you have previously set, as well as verification via your device’s ‘Face ID’ or ‘Touch ID’ feature.
For the purpose of processing the payment, the information you provide during the ordering process, together with details of your order, is transmitted to Apple in encrypted form. Apple then re-encrypts this data using a developer-specific key before the data is transmitted to the payment service provider associated with the payment card stored in Apple Pay to process the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. Once the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm that the payment was successful.
Where personal data is processed in connection with the transmissions described, such processing is carried out solely for the purpose of payment processing in accordance with Article 6(1)(b) of the GDPR.
Apple retains anonymised transaction data, including the approximate purchase amount, the approximate date and time, and an indication of whether the transaction was successfully completed. Anonymisation completely precludes any link to an individual. Apple uses the anonymised data to improve ‘Apple Pay’ and other Apple products and services.
When you use Apple Pay on your iPhone or Apple Watch to complete a purchase that you initiated via Safari on your Mac, your Mac and the authorisation device communicate via an encrypted channel through Apple’s servers. Apple does not process or store any of this information in a format that could be used to identify you personally. You can disable the option to use Apple Pay on your Mac in your iPhone’s Settings. Go to ‘Wallet & Apple Pay’ and switch off ‘Allow Payments on Mac’.
Further information on data protection for Apple Pay can be found at the following web address:
https://support.apple.com/de-de/HT203027
- Google Pay
If you choose the ‘Google Pay’ payment method provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (‘Google’), the payment will be processed via the ‘Google Pay’ app on your mobile device, which must be running at least Android 4.4 (“KitKat”) and equipped with NFC functionality, by debiting a payment card stored with Google Pay or a payment method verified there (e.g. PayPal). To authorise a payment via Google Pay in excess of €25, you must first unlock your mobile device using the relevant verification method set up on your device (such as facial recognition, a password, a fingerprint or a pattern).
For the purpose of processing the payment, the information you provide during the ordering process, together with details of your order, will be passed on to Google. Google then transmits your payment details stored in Google Pay to the originating website in the form of a one-off transaction number, which is used to verify that the payment has been made. This transaction number does not contain any information regarding the actual payment details of the payment method stored in Google Pay, but is generated and transmitted as a one-off valid numerical token. For all transactions via Google Pay, Google acts solely as an intermediary in the processing of the payment transaction. The transaction is carried out exclusively between the user and the originating website by debiting the payment method stored in Google Pay.
Where personal data is processed in connection with the transmissions described, such processing is carried out solely for the purpose of payment processing in accordance with Article 6(1)(b) of the GDPR.
Google reserves the right to collect, store and analyse certain transaction-specific information for every transaction carried out via Google Pay. This includes the date, time and amount of the transaction, the merchant’s location and description, a description of the goods or services purchased provided by the merchant, any photos you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction, and, where applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively in accordance with Article 6(1)(f) of the GDPR on the basis of a legitimate interest in proper accounting, the verification of transaction data, and the optimisation and maintenance of the Google Pay service.
Google also reserves the right to combine the transaction data processed with further information collected and stored by Google when you use other Google services.
The Google Pay Terms of Service can be found here:
Further information on data protection for Google Pay can be found at the following web address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0=privacynotice=de
- Klarna
This website offers one or more online payment methods from the following provider: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden
If you select a payment method from this provider that requires you to pay in advance (such as a credit card payment), the payment details you provide during the ordering process (including your name, address, bank and payment card details, currency and transaction number), as well as information about the contents of your order, in accordance with Article 6(1)(b) of the GDPR. In this case, your data is transferred solely for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.
If you select a payment method where the provider pays in advance (such as purchase on account, instalment plans or direct debit), you will also be asked during the ordering process to provide certain personal details (first name and surname, street, house number, postcode, town, date of birth, email address, telephone number, and, where applicable, details of an alternative payment method).
In order to safeguard our legitimate interest in assessing our customers’ creditworthiness, we will pass this data on to the provider in accordance with Article 6(1)(f) of the GDPR for the purpose of a credit check. The provider checks, on the basis of the personal data you have provided as well as other data (such as your shopping basket, invoice amount, order history and payment history), whether the payment option you have selected can be granted in view of the risks of non-payment and/or bad debt.
In addition to the provider’s internal criteria in accordance with Article 6(1)(f) of the GDPR, identity and creditworthiness information from the following credit reference agencies may also be taken into account when making a decision as part of the application review:
The credit report may contain probability values (so-called ‘score’ values). Where score values are included in the credit report, they are based on a scientifically recognised mathematical and statistical method. The calculation of the score values takes into account, amongst other things but not exclusively, address data.
You may object to this processing of your data at any time by contacting us or the provider. However, the provider may still be entitled to process your personal data where this is necessary for the contractual processing of payments.
– PayPal
This website offers one or more online payment methods from the following provider: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method from this provider that requires you to pay in advance, the payment details you provide during the ordering process (including your name, address, bank and payment card details, currency and transaction number), as well as information regarding the contents of your order, in accordance with Article 6(1)(b) of the GDPR. In this case, your data is disclosed solely for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.
If you select a payment method where we advance the payment, you will also be asked during the ordering process to provide certain personal data (first name and surname, street, house number, postcode, town, date of birth, email address, telephone number and, where applicable, details of an alternative payment method).
In such cases, in order to safeguard our legitimate interest in assessing your creditworthiness, we will pass this data on to the provider in accordance with Article 6(1)(f) of the GDPR for the purpose of a credit check. The provider checks, on the basis of the personal data you have provided as well as other data (such as your shopping basket, invoice amount, order history and payment history), whether the payment method you have selected can be authorised in view of the risks of non-payment and/or bad debt.
The credit report may contain probability values (so-called ‘score’ values). Where score values are included in the credit assessment report, they are based on a scientifically recognised mathematical and statistical method. The calculation of the score values takes into account, amongst other things but not exclusively, address details.
You may object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data where this is necessary for the contractual processing of payments.
– Shopify Payments
This website offers one or more online payment methods from the following provider: Shopify International Limited, Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland
If you select a payment method from this provider that requires you to pay in advance (such as a credit card payment), the payment details you provide during the ordering process (including your name, address, bank and payment card details, currency and transaction number), as well as information regarding the contents of your order, in accordance with Article 6(1)(b) of the GDPR. In this case, your data is transferred solely for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.
8.4 Option to terminate continuing contractual relationships with consumers electronically
Consumers who have entered into contracts on this website for continuing obligations subject to a fee (such as subscription contracts) have the option to terminate these via an electronic button in accordance with the applicable notice periods.
Clicking the button takes the consumer to a confirmation page where they can provide further details regarding the cancellation, clearly identify themselves and subsequently submit their cancellation electronically.
The collection of personal data and its transmission to us in this context is carried out in accordance with Article 6(1)(b) of the GDPR and only to the extent necessary for the proper processing of the cancellation. Also on the basis of Article 6(1)(b) of the GDPR, the personal data provided is used to confirm receipt of the notice of termination and the date of termination electronically in text form. A further legal basis for the processing is Article 6(1)(c) of the GDPR. We are legally obliged to provide an electronic option for termination in the case of consumer contracts concluded via electronic commerce concerning ongoing contractual relationships subject to a fee.
8.5 Electronic withdrawal function for distance contracts
Consumers who conclude contracts on this website for which a statutory right of withdrawal applies have the option of exercising their right of withdrawal via an electronic withdrawal function in accordance with the applicable withdrawal provisions.
We use a solution provided by the following provider to make the electronic withdrawal function available: 401layers UG (limited liability).
When using the withdrawal function, in addition to details identifying the contract to be withdrawn from, further personal information such as the consumer’s first name, surname and email address must be provided or confirmed.
This information is first collected by the provider on the basis of our legitimate interest in a user-friendly, stable and process-optimised solution in accordance with Article 6(1)(f) of the GDPR, it is then used to confirm receipt of the notice of withdrawal on our behalf by email, and finally transmitted to us. We subsequently process the transmitted information for the proper handling of the withdrawal in accordance with Article 6(1)(b) of the GDPR and Article 6( 1(c) of the GDPR on the basis of our legal obligation to provide an electronic withdrawal function for consumer distance contracts subject to a fee.
The information collected by the provider is routinely deleted once a withdrawal has been fully processed, provided that there are no statutory retention obligations to the contrary.
We have entered into a data processing agreement with the provider which protects data processed in connection with the cancellation function and prohibits unauthorised disclosure to third parties.
9) Online marketing
Google AdSense
This website uses Google AdSense, a web advertising service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google AdSense uses so-called cookies, i.e. text files that are stored on your computer and enable an analysis of your use of the website. In addition, Google AdSense also uses so-called ‘web beacons’ (small invisible graphics) to collect information; these enable simple actions, such as visitor traffic on the website, to be recorded, collected and analysed. The information generated by the cookie and/or web beacon (including your IP address) regarding your use of this website is usually transmitted to a Google server and stored there. This may also involve transmission to the servers of Google LLC in the USA.
Google uses the information obtained in this way to analyse your usage behaviour in relation to AdSense adverts. The IP address transmitted by your browser as part of Google AdSense is not merged with other data held by Google. The information collected by Google may be transferred to third parties where required by law and/or where third parties process this data on Google’s behalf.
All processing described above, in particular the collection of information from the device you are using via cookies and/or web beacons, will only take place if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. Without this consent, Google AdSense will not be used whilst you are visiting the site.
You may withdraw your consent at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.
Further information on Google’s privacy policy can be found here:
10) Web analytics services
10.1 Google Analytics 4
This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), which enables an analysis of your use of our website.
By default, when you visit the website, Google Analytics 4 sets cookies, which are small text files stored on your device and collect certain information. This information includes your IP address; however, Google truncates the last few digits of this address to prevent direct personal identification.
The information is transmitted to Google’s servers and processed there. This may also involve transfers to Google LLC, which is based in the USA.
Google uses the information collected on our behalf to analyse your use of the website, to compile reports on website activity for us, and to provide other services relating to website and internet usage. The truncated IP address transmitted by your browser as part of Google Analytics is not combined with other data held by Google. The data collected through the use of Google Analytics 4 is stored for a period of two months and then deleted.
All processing described above, in particular the setting of cookies on the device you are using, takes place only if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR.
Without your consent, Google Analytics 4 will not be used whilst you are visiting the site. You may withdraw your consent at any time with future effect. To exercise your right of withdrawal, please deactivate this service via the ‘Cookie Consent Tool’ provided on the website.
We have entered into a data processing agreement with Google which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
Further legal information on Google Analytics 4 can be found at
:
Demographic characteristics
Google Analytics 4 uses the special ‘demographic characteristics’ feature and can use this to generate statistics that provide insights into the age, gender and interests of website visitors. This is done by analysing advertising and information from third-party providers. This enables target groups to be identified for marketing activities. However, the data collected cannot be linked to any specific individual and is deleted after being stored for a period of two months.
Google Signals
As an extension to Google Analytics 4, Google Signals may be used on this website to generate cross-device reports. If you have enabled personalised adverts and linked your devices to your Google Account, Google may – subject to your consent to the use of Google Analytics in accordance with Article 6(1)(a) of the GDPR – analyse your usage behaviour across devices and create database models, including those relating to cross-device conversions. We do not receive any personal data from Google, only statistics. If you wish to stop cross-device analysis, you can disable the ‘Personalised ads’ feature in your Google Account settings. To do so, follow the instructions on this page: https://support.google.com/My-Ad-Center-Help/answer/12155764?hl=de
UserIDs
As an extension to Google Analytics 4, the ‘UserIDs’ feature may be used on this website. If you have consented to the use of Google Analytics 4 in accordance with Article 6(1)(a) of the GDPR, have set up an account on this website and log in to this account on different devices, your activities, including conversions, can be analysed across devices.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with European data protection standards on the basis of an adequacy decision by the European Commission.
10.2 Shopify Analytics
This website uses the web analytics service provided by the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland
Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada
Using cookies and/or similar technologies (tracking pixels, web beacons, algorithms for reading device and browser information), the service collects and stores pseudonymised visitor data, including information about the device used, such as the IP address and browser details, in order to analyse usage behaviour on our website for statistical purposes and to create pseudonymised user profiles.Pseudonymisation fundamentally precludes any direct link to an individual. No merging takes place with personally identifiable data collected by other means.
All processing operations described above, in particular the reading or storage of information on the device used, will only be carried out if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.
We have entered into a data processing agreement with the provider, which protects the data of our website visitors and prohibits the disclosure of such data to third parties.
Where data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision issued by the European Commission.
11) Retargeting/remarketing and conversion tracking
TikTok Pixel
This website uses conversion tracking technology provided by the following provider: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland
If you have arrived at our website via an advert on the provider’s domain, the success of the advert can be tracked using cookies and/or similar technologies (tracking pixels, web beacons, pings or HTTP requests).
To this end, the tracking technology reads certain device and browser information, including, where applicable, your IP address, in order to record and analyse user actions predefined by us (e.g. completed transactions, leads, search queries on the website, visits to product pages). This enables us to compile statistics on usage behaviour on our website following a redirect from an advert, which help us to optimise our offering.
All processing described above, in particular the setting of cookies to read information from the device you are using, will only take place if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.
We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
12) Website features
12.1 YouTube
This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data may also be transferred to: Google LLC, USA
When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers at the latest when the video is played, in order to load the content. In doing so, certain information, including your IP address, is transmitted to the provider.
If playback of embedded videos is initiated via the plugin, the provider also uses cookies to collect information about user behaviour, compile playback statistics and prevent abusive behaviour.
If you are logged into a user account with the provider whilst visiting the site, your data will be directly linked to your account when you click on a video. If you do not wish your data to be linked to your account, you must log out before clicking the play button.
All the aforementioned processing activities, in particular the setting of cookies to read information from the device being used, take place only if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw the consent you have given at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.
12.2 Google Maps API
To enable real-time checking of certain entries in the address form during the ordering process on our online shop for input errors, we use the services of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data may also be transferred to: Google LLC, USA
The provider validates the address entered, verifies the spelling and, where necessary, supplements any missing data. In the case of ambiguous addresses, correct alternative suggestions are displayed. For this purpose, the address data you have entered is transmitted to the provider, where it is stored and analysed.
This processing is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in the proper collection of the customer’s correct address details, in order to conscientiously fulfil our contractual delivery obligations and to prevent problems with the performance of the contract.
The provider processes the data in question separately and does not merge it with other data sets; it deletes the data as soon as its status or accuracy has been confirmed, but no later than 30 days after collection.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with European data protection standards on the basis of an adequacy decision by the European Commission.
Further information on Google’s privacy policy can be found here:
12.3 Google Web Fonts
This site uses so-called web fonts from the following provider to ensure a consistent display of fonts: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
When you visit a page, your browser loads the required web fonts into its cache to display text and fonts correctly, and establishes a direct connection to the provider’s servers. In doing so, certain browser information, including your IP address, is transmitted to the provider.
Data may also be transmitted to: Google LLC, USA
The processing of personal data when establishing a connection with the font provider will only take place if you have given us your explicit consent to do so in accordance with Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website. If your browser does not support web fonts, a standard font from your computer will be used.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with European data protection standards on the basis of an adequacy decision by the European Commission.
Further information on Google’s privacy policy can be found here:
12.4 Weglot
This website uses the translation service of the following provider via an API integration: Weglot SAS, 7 cité Paradis, 75010 Paris, France
To ensure that the translation into your chosen language is displayed automatically, the browser you are using connects to the provider’s servers. The provider uses so-called ‘cookies’ for this purpose; these are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie regarding your use of this website (including the truncated IP address) is usually transmitted to one of the provider’s servers and stored there.
All processing described above, in particular the setting of cookies to read information from the device you are using, will only take place if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect by deactivating this service in the ‘Cookie Consent Tool’ provided on the website.
We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
12.5 Google Customer Reviews (formerly the Google Certified Retailer Programme)
We work with Google as part of the “Google Customer Reviews” programme. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). This programme enables us to collect customer reviews from users of our website. After you have used our services, you will be asked on our website whether you would like to take part in an email survey conducted by Google.
If you give your consent in accordance with Article 6(1)(a) of the GDPR, we will pass on your email address to Google. You will receive an email from Google Customer Reviews asking you to rate your shopping experience on our website. The review you submit will then be aggregated with our other reviews and displayed in our Google Customer Reviews logo and in our Merchant Centre dashboard. Your review will also be used for Google Merchant Reviews. When using Google Customer Reviews, personal data may also be transferred to the servers of Google LLC in the USA.
You may withdraw your consent at any time by contacting the data controller or Google.
For data transfers to the USA, the provider has adhered to the EU-US Data Privacy Framework, which, based on an adequacy decision by the European Commission, ensures compliance with European data protection standards.
Further information on Google’s privacy policy can be found here:
13) Tools and other information
Cookie Consent Tool
This website uses a so-called ‘Cookie Consent Tool’ to obtain valid user consent for cookies and cookie-based applications that require consent. The ‘Cookie Consent Tool’ is displayed to users when they visit the page in the form of an interactive user interface, on which consent for specific cookies and/or cookie-based applications can be granted by ticking the relevant boxes. Through the use of this tool, all cookies and services requiring consent are only loaded once the relevant user has given their consent by ticking the appropriate boxes. This ensures that such cookies are only set on the user’s device once consent has been given.
The tool sets technically necessary cookies to store your cookie preferences. Personal user data is not processed in this context.
Should the processing of personal data (such as the IP address) nevertheless occur in individual cases for the purpose of storing, assigning or logging cookie settings, this is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and, consequently, in the legally compliant design of our website.
A further legal basis for the processing is Article 6(1)(c) of the GDPR. As the data controller, we are subject to the legal obligation to make the use of technically non-essential cookies conditional upon the user’s consent.
Where necessary, we have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
Further information on the operator and the settings options for the cookie consent tool can be found directly in the relevant user interface on our website.
14) Rights of the data subject
14.1 Under applicable data protection law, you are granted the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data; please refer to the legal basis cited for the respective conditions for exercising these rights:
- Right of access pursuant to Article 15 of the GDPR;
- Right to rectification pursuant to Article 16 of the GDPR;
- Right to erasure pursuant to Article 17 of the GDPR;
- Right to restriction of processing pursuant to Article 18 of the GDPR;
- Right to be informed pursuant to Article 19 of the GDPR;
- Right to data portability under Article 20 of the GDPR;
- Right to withdraw consent pursuant to Article 7(3) of the GDPR;
- Right to lodge a complaint pursuant to Article 77 of the GDPR.
14.2 RIGHT TO OBJECT
IF, AS PART OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, to object to such processing with effect for the future.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION. WE RESERVE THE RIGHT TO CONTINUE PROCESSING, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ESTABLISH, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA FOR DIRECT MARKETING PURPOSES.
15) Retention period for personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and – where applicable – additionally by the respective statutory retention period (e.g. retention periods under commercial and tax law).
Where personal data is processed on the basis of explicit consent in accordance with Article 6(1)(a) of the GDPR, the data in question will be retained until you withdraw your consent.
Where statutory retention periods apply to data processed in the context of contractual or quasi-contractual obligations on the basis of Article 6(1)(b) of the GDPR, such data will be routinely deleted upon expiry of the retention periods, provided that it is no longer required for the performance of a contract or for entering into a contract and/or we no longer have a legitimate interest in continuing to store it.
Where personal data is processed on the basis of Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(1) of the GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims.
Where personal data is processed for the purposes of direct marketing on the basis of Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(2) of the GDPR.
Unless otherwise specified in the other information contained in this statement regarding specific processing situations, stored personal data will otherwise be erased when it is no longer necessary for the purposes for which it was collected or otherwise processed.
Terms and Conditions
Table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- Granting of rights of use for digital content
- Contract Term and Termination of Subscription Contracts for Digital Content
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of SKATE & Media GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the supply of physical data carriers which serve exclusively as carriers of digital content, unless otherwise stipulated in this regard. Digital content within the meaning of these GTC refers to data created and made available in digital form.
1.3 These General Terms and Conditions apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.4 These General Terms and Conditions apply mutatis mutandis to contracts for the supply of tickets, unless expressly stipulated otherwise. In this regard, these General Terms and Conditions govern solely the sale of tickets for specific events, as further specified in the Seller’s product description, and not the staging of these events. The organisation of the events is governed exclusively by the statutory provisions governing the relationship between the participant and the organiser, as well as any terms and conditions of the organiser that may differ from these. Unless the seller is also the organiser, the seller shall not be liable for the proper organisation of the event, for which the respective organiser is solely responsible.
1.5 These Terms and Conditions apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified in this regard. Digital content within the meaning of these Terms and Conditions refers to data created and provided in digital form.
1.6 A ‘consumer’ within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity.
1.7 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, is acting in the course of their commercial or self-employed professional activity.
1.8 The subject matter of the contract may – depending on the Seller’s description of the content – be either the one-off provision of digital content or the regular provision of digital content (hereinafter referred to as the ‘subscription contract’). In the case of a subscription contract, the Seller undertakes to provide the Customer with the digital content contractually owed for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that completes the ordering process.
2.3 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 the date on which the order confirmation is received by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the date on which the goods are received 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 when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending 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.
2.4 If a payment method offered by PayPal is selected, 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’), subject to the PayPal Terms of Service, available at
2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The seller will not make the text of the contract available in any other way. If the customer has set up a user account in the Seller’s online shop prior to submitting their order, the order details will be archived on the Seller’s website and may be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any 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 may correct their entries using the standard keyboard and mouse functions until they click the button that finalises the order process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing is generally carried out automatically via email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services relating to leisure activities if the contract specifies a specific date or period for the provision of the service. Consequently, a right of withdrawal is also excluded in the case of contracts relating to the sale of tickets for leisure events with fixed dates.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop.
4.4 If a payment method offered via the ‘PayPal’ payment service is selected, the payment transaction is processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Where the Seller also offers payment methods via PayPal under which the Seller makes an advance payment on behalf of the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.5 If a payment method offered via the ‘Shopify Payments’ payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (‘Shopify’) The specific payment methods offered via Shopify Payments are displayed to the customer in the seller’s online shop. To process payments, Shopify may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at
4.6 If a payment method offered via the “Apple Pay” payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are displayed to the customer in the Seller’s online shop. To process payments, Apple may use other payment services, to which specific payment terms and conditions may apply, and of which the customer may be notified separately. Further information on Apple Pay is available online at
4.7 If a payment method offered via the ‘Google Pay’ payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (‘Google’). The individual payment methods offered via Google Pay are displayed to the customer in the Seller’s online shop. To process payments, Google may use other payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Google Pay is available online at
5) Delivery and Shipping Terms
5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing is decisive for the transaction.
5.2 For goods delivered by a haulage contractor, delivery is made ‘kerbside’, i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the dispatch information on the Seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.
5.4 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, pass to the customer only upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, and the seller has not previously named this person or organisation to the customer.
5.5 If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this shall only apply if the failure to supply is not attributable to the seller and the seller has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.
5.6 Collection by the customer is not possible for logistical reasons.
5.7 Vouchers are made available to the customer as follows:
- by download
- by email
5.8 Tickets are provided to the customer as follows:
- by download
- by email
5.9 Digital content is made available to the customer as follows:
- via direct access via the trader’s website
- by download
- by email
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the description of the content in the seller’s online shop, the seller grants the customer a non-exclusive right, unrestricted in terms of location and time, to use the content provided exclusively for private purposes.
6.2 Where the contract relates to the one-off provision of digital content, the grant of rights shall only take effect once the customer has paid the full amount due. The seller may provisionally permit use of the content covered by the contract even before this point in time. Such provisional authorisation does not constitute a transfer of rights.
7) Contract term and termination of subscription contracts for digital content
7.1 Subscription contracts are concluded for an indefinite period, but for at least the minimum term specified in the relevant product description in the Seller’s online shop. The subscription contract may be terminated at any time during the minimum term with effect from the end of the minimum term, and at any time after the expiry of the minimum term with 14 days’ notice.
7.2 The right to terminate the contract for cause remains unaffected. Good cause shall be deemed to exist if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the party giving notice cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
7.3 Terminations may be made in writing, in text form (e.g. by email) or in electronic form via the termination facility (termination button) provided by the seller on its website.
8) Retention of title
If the Seller makes an advance delivery, it reserves title to the goods delivered until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
9.1 If the customer is a business,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for claims arising from defects is one year from delivery of the goods;
- in the case of second-hand goods, claims for defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the warranty for defects.
9.2 Where the customer is a consumer, the following applies to contracts for the supply of second-hand goods, subject to the restriction set out in the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortened limitation period before submitting their declaration of contract.
9.3 The limitations of liability and shortened limitation periods set out above shall not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
- to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.
9.4 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.5 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.
9.6 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery agent regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
10) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and reimbursement of expenses as follows:
10.1 The seller shall be liable without limitation on any legal grounds
- in cases of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise specified in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
10.2 If the customer is a consumer resident in Germany or a business, the following limitations of liability shall apply:
If the seller negligently breaches an essential contractual obligation, their liability shall be limited to the foreseeable damage typical for this type of contract, provided that they are not liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely. In all other respects, the seller’s liability is excluded, unless he is liable without limitation in accordance with the preceding clause.
10.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.
11.2 Promotional vouchers may only be redeemed by consumers.
11.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.
11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.5 Only one promotional voucher may be redeemed per order.
11.6 Where the promotional voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.7 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.
11.8 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.
11.9 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of withdrawal.
11.10 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 shop. This shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
12) Redemption of gift vouchers
12.1 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.2 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
12.3 The credit balance of a gift voucher shall not be paid out in cash nor shall it accrue interest.
12.4 The gift voucher is transferable. The Seller may fulfil its obligations with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This shall not apply if the seller is aware, or is grossly negligent in failing to be aware, of the holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
13) Applicable law
13.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
14) Jurisdiction
If the customer is a trader, a legal person governed by 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 shall be the seller’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.
15) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Withdrawal
A. Cancellation Policy
Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party nominated by you (other than the carrier), took possession of the last item.
Notwithstanding the above, in the case of a contract for the regular supply of goods over a specified period, the withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the first item of goods.
To exercise your right of withdrawal, you must inform us (SKATE & Media GmbH, Paracelsusweg 7, 30655 Hanover, Germany, Tel.: +49 (0) 177 - 2132621, email: info@skate-media.com) by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
You may also exercise your right of withdrawal online via the website at
To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.
Exclusion or early termination of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
The right of withdrawal expires prematurely in the case of contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery.
The right of withdrawal expires prematurely in the case of contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken after delivery.
The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services relating to leisure activities if the contract specifies a specific date or period for the provision of the service. Consequently, a right of withdrawal is also excluded in the case of contracts relating to the sale of tickets for leisure events with fixed dates.
Linked/financed transactions
If you finance this contract through a loan and subsequently withdraw from it, you are no longer bound by the loan agreement either, provided that both contracts form a single economic unit. This is particularly likely to be the case if we are also your lender or if your lender relies on our involvement for the purposes of financing. If the loan has already been paid to us when the withdrawal takes effect or when the goods are returned, your lender shall, in relation to you, assume our rights and obligations under the financed contract with regard to the legal consequences of the withdrawal or return. The latter does not apply if the present contract relates to the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal in respect of that agreement as well.
General information
1) Please ensure the goods are not damaged or soiled. Please return the goods to us in their original packaging, together with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.
2) Please do not return the goods to us carriage forward.
3) Please note that the above points 1–2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Cancellation Form
If you wish to withdraw from the contract, please complete this form and return it to us.
To
SKATE & Media GmbH
Paracelsusweg 7
30655 Hanover
Germany
Email: info@skate-media.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only if notifying in writing)
_________________________
Date
(*) Delete as appropriate
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