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General terms and conditions with customer information & information on data protection
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table of contents
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A. General terms and conditions with customer information
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and dispatch
6. Retention of Title
7. Liability for defects (warranty)
8. Applicable Law
9. Code of Conduct
10. Alternative dispute resolution

B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Establishing contact
3. Data processing for order processing
4. Duration of storage of personal data

5. Cookies


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A. General terms and conditions with customer information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of ocean of dreams (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller on the internet trading platform ocean -of-dreams.de (hereinafter "ocean-of-dreams.de") concludes the goods and / or services presented here. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract
2.1 The conclusion of the contract with ocean-of-dreams.de is based on Section IV of the General Terms and Conditions for the use of the internet platforms ocean-of-dreams.de.

There, the conclusion of the contract is regulated as follows:

"If a member, as a seller, lists an item or a service description, a binding offer is made that every other member can purchase the item or service at the specified price. The contract is concluded when another member (buyer) clicks the button provided for this (currently: "Buy now") and confirms the process. "
2.2 To accept the offer, the customer clicks on the “Add to shopping cart” button on the seller's product page at ocean-of-dreams.de and then goes through the ordering steps specified by ocean-of-dreams.de. In the last step of the ordering process, the customer clicks on the “Buy now” button, which completes the ordering process.
2.3 The contract text is saved by the seller and sent to the customer as customer information in text form (e.g. e-mail, fax or letter) after the contract has been concluded. Any further provision of the contract text by the seller himself does not take place.
2.4 The customer can correct his entries before submitting his order using the technical means made available by ocean-of-dreams.de. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields.
2.5 Only the German language is available for the conclusion of the contract.
2.6 Order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy. (To be found under "Shipping & Revocation")

4) Prices and terms of payment
4.1 The prices given by the seller are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 The customer has various

Payment options are available, which are specified in the seller's offer at ocean-of-dreams.de.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.4 When paying by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the applicable PayPal terms of use. 

5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing at ocean-of-dreams.de is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

9) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Retail", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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B. Information on data protection
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1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about the handling of your personal data when using our website. Personal data are all data with 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 Jette Zaubitzer, Stollbergstrass 57, 99086 Erfurt, Germany, 0176/78904407. 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.

2) contact
When you contact us (e.g. using the contact form or email), personal data is collected, which you can see from the contact form. These data are stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit.f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been processed; this is the case if it can be inferred from the circumstances that the matter in question has been finally clarified and provided that there are no statutory retention requirements.

3) Data processing for order processing
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for forwarding the data is Article 6 (1) lit. b GDPR.

4) rights of the data subject
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
- Right to information according to Art. 15 GDPR: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of the processed personal data, the recipients or categories of recipients to whom your data has been or will be disclosed Planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if we did not collect it from you, the existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and the intended effects of such processing, as well as your right to be informed about the guarantees in accordance with Art. 46 GDPR when your data is forwarded in Third countries exist;
- Right to correction in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request that the processing of your personal data be restricted as long as the correctness of your data is checked, if you refuse to delete your data due to inadmissible data processing and instead request the restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have objected to reasons of your particular situation, as long as it is not yet certain whether ours legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to correct or delete the data to all recipients to whom the personal data relating to you has been disclosed or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another person responsible, insofar as this is technically feasible ;
- Right to revoke consent given in accordance with Art. 7 Paragraph 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, provided that further processing cannot be based on a legal basis for processing without consent. Withdrawing your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of withdrawal;
- Right to lodge a complaint in accordance with Art. 77 GDPR: If you are of the opinion that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement.

4) Duration of storage of personal data
The duration of the storage of personal data is based on the respective statutory retention period (e.g. commercial and tax retention periods). After the deadline has expired, the relevant data is routinely deleted, provided that it is no longer required to fulfill or initiate a contract and / or we have no legitimate interest in further storage.

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5) cookies

A cookie is a small text file that is stored on your computer or mobile device and is retrieved from it when you access it later. If you use our services, we will assume that you consent to the use of such cookies.

How do we use cookies?
We use permanent cookies to save your selection of the homepage and your data.

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We use session cookies when using the product filter to check whether you are logged in or whether you have placed an item in your shopping bag.  

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What kind of personal data do we process?
We only link your cookie ID to your personal data that has been transmitted or collected in connection with your account if you are logged into your account or as a member.

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Who has access to your personal data?
Personal data will only be passed on to third parties if this is necessary for the ordering or shipping process. Otherwise we only have access to the data provided by.

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What is the legal basis for processing your personal data?
We only associate your cookies with your personal data if you are logged into your account or as a member.

If you are logged into your account, the legal basis is our legitimate interest.

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You can easily delete cookies from your computer or mobile device in the browser. Information on how to use cookies and how you can delete them can be found in your browser under "Help". You can deactivate cookies or choose to receive a notification when a new cookie is sent to your computer or mobile device. Please note: If you deactivate cookies, you will not be able to use all of our functions.

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Google Analytics

We also use the web analysis service Google Analytics, a program from Google Inc. (“Google, USA”). The information about your use of this website recorded by the tracking is stored on a Google server in the USA. Through what is known as IP anonymization, your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. This means that the location of your browser can only be assigned regionally, but not your person. Google can evaluate visitor behavior in order to compile reports on website activity. Other services related to website activity and internet usage can also be provided to the website operator in this way.