PRIVACY POLICY
We place great importance on personal data protection and take the subject very seriously. Therefore, we would like to provide you with all details on the collection of data on our website and the purposes, for which it is processed and used.
1. Collection, processing and use of personal data
You can visit our website without providing any personal details. We only collect general access data unrelated to any personal information, such as the name of your internet service provider, the last page you visited and the name of the file requested along with the date of request.
The above information will only be analyzed in order to improve our services and does not allow any access to information about you. Personal data will only be collected if you willingly share it while visiting our website. We always abide by the relevant laws and regulations, particularly the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, “BDSG”) as well as the Telemedia Act (Telemediengesetz, “TMG”).
Your data will be processed or used for the purposes of market research or promotion only if you explicitly consented to this use. Your data can be forwarded to third parties only in case your declaration of consent included such a provision. Otherwise, no data shall be handed over to any third party.
2. Providing personal Data to third Parties
When you order a product or a service on our website, your personal data shall only be used to the extent necessary to perform the service or otherwise fulfil the contract.
For this purpose, your data may be forwarded to transportation companies, subsidiaries and credit institutions as well as other parties assisting us to perform our services and fulfil the contract.
We may send your payment information to our principal bank in order to arrange the payment. The data are also accessible to our subsidiaries. Your data shall not be forwarded to any other third parties and will not be used for promotion purposes. Your data will be blocked upon performing the contractual obligations and full payment of the price. The data will be deleted after the mandatory legal and tax related time periods expire.
3. Use of Cookies
We use the so called „Cookies” for some our pages in order to make our services more attractive and also to enable the use of additional functions. Cookies are small pieces of data, which are transferred to your computer when you visit the particular page. Most of the cookies we use will be automatically erased from your system once you end your browsing session (“Session Cookies”). The so called “long lasting Cookies” will remain on your computer and will make it possible for us to identify you when you visit our site again. No partner companies we might work with will be allowed to collect, process or use any personal information from our site by means of cookies.
You can also block the saving of cookies to your computer in your browser’s options menu. This could lead to a reduced functionality of our site though. You can find more information on cookies in the “help” section of your browser.
4. Google Analytics
Our website uses Google Analytics, a web analyses service by Google Inc. (“Google”). This service uses cookies, which are small pieces of data, transferred to your computer in order to analyze your use of a website. The information contained in the cookies will be transmitted to a Google server in the United States and saved there.
Your IP address will be processed by Google only in a shortened form within the member states of the European Union or in other member states of the European Economic Area, if the IPAnonymization is activated on this website.
The full IP address will be transmitted to a Google server in the United States and shortened there only in exceptional cases. Google will then use this information on behalf of this website’s operator to evaluate the use of the website in order to make a report for the website operators. The information will also be used for other website related services. Google will not link your IP address to any other information available to Google.
You can block the saving of cookies in your browser’s options menu; this could lead to a reduced functionality of our site though.
You can also prevent Google from collecting and processing the data generated by cookies and related to your use of the website by downloading and installing the browser plugin available at http://tools.google.com/dlpage/gaoptout?hl=de
5. Social-Media and Plugins
You will find links to the social networks Facebook and Twitter on our website. The following information shall apply with regard to data protection:
5.1 Facebook
We use links to the external social network Facebook. This service is exclusively offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The links on our website are recognizable by the Facebook logo or by the “Like” icon.
Clicking the links will activate the Facebook plugins and your browser will automatically redirect to Facebook.
Once you open the links and sign into your Facebook account while using our website, the information of your visit will be sent to Facebook, which can then relate this information to your account. The information will be saved on Facebook’s servers. You can prevent this by signing out of your Facebook account before you click the links.
The links‘ functionalities, particularly the transfer of user information to Facebook will not be activated by merely visiting our website, but only by clicking the links.
Please read Facebook’s privacy protection statement (http://de-de.facebook.com/privacy/explanation.php) for more information about the purposes and scale of data collection by Facebook as well your options of changing your privacy settings.
5.2 Twitter/X- Instagram & Bandcamp
We use links to the external social network Twitter/X, Instagram and Bandcamp. This service is exclusively offered by Twitter Inc, Instagram and Bandcamp. The links on our website are recognizable by the Twitter/X logo or by the so called “tweet” button.
Clicking the links will activate the Twitter/X plugins and your browser will automatically redirect to Twitter.
Once you open the links and sign into your Twitter account while using our website, the information of your visit will be sent to Twitter, which can then relate this information to your account.
The information will be saved on Twitter’s servers. You can prevent this by signing out of your Twitter account before you click the links.
The links‘ functionalities, particularly the transfer of user information to Twitter will not be activated by merely visiting our website, but only by clicking the links.
Please read Twitter’s privacy protection statement (http://twitter.com/about/resources/tweetbutton) for more information about the purposes and scale of data collection by Twitter as well your options of changing your privacy settings.
6. Registration / Signing up
By clicking on „sign up“, and also during the ordering process, you can open an account on our website. Hereby you declare your consent that the information required (personal and contact information) and also your user data (password) will be saved. In case of future orders, you can sign in with your email address and password and place your order without having to provide the information again. You can withdraw your consent with regard to your registration information at any time with future effect
7. Data Security
We back up our website and other systems against the loss, damage, unauthorized access, alteration and/or distribution of your data by taking the necessary technical and organisational measures. However, despite our efforts and regular monitoring, full protection cannot be guaranteed.
8. Right to Information
You have a right to information about your saved data and, depending on the circumstances, a right to correction, blocking or deleting of data.
9. Right to Withdrawal of Consent
You can withdraw your consent at any time with future effect
10. Your Contact
Please contact Ryan Förster under [email protected] for all questions and concerns regarding the collecting, processing and use of personal data as well as issues related to the correction, blocking or deleting of data.
We use the reCAPTCHA service provided by Google Inc. (Google) to protect your submissions via internet submission forms on this site. This plugin checks if you are a person in order to prevent certain website functions from being (ab)used by spam bots (particularly comments). This plugin query includes the sending of the IP address and possibly other data required by Google for the Google reCAPTCHA service. For this purpose your input will be communicated to and used by Google. However, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area and is, as such, anonymized. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address provided by reCaptcha from your browser shall not be merged with any other data from Google.
This data collection is subject to the data protection regulations of Google (Google Inc.). For more information about Google's privacy policy, please visit: https://www.google.com/intl/en/policies/privacy/
By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
RETURN POLICY
NO RETURNS! But contact Ross Bay Cult if there is a problem with your order and we will get it rectified.
Right to Cancel – Instructions & cancellation form
As a consumer (e.g. a natural person who does not conclude a contract primarily for commercial of self-employed activities), you have a legal right to cancel the contract for any goods you purchased in our online shop in accordance with the following provisions.
Instructions on the right to cancel Right to cancel
You are entitled to cancel this contract without stating any reasons within a period of fourteen days.
The time period of cancellation is fourteen days and begins to run from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right to cancel, you must inform us (Ross Bay Cult Eternal - Email: [email protected] ) by means of an unambiguous statement (e.g. by email) about your intention to withdraw from the contract. You may use the sample cancellation form provided below, although you are not legally obliged to.
To keep the deadline, it is sufficient to send us your notice that you wish to exercise your withdrawal right before the withdrawal deadline has passed.
Effects of cancellation
If you cancel the contract, we shall refund you all payments you made, including the delivery costs (except you decided to choose a delivery method other than the standard, lower-priced one we suggested) without delay and no later than fourteen days starting from the day we received your notice of withdrawal. In case of refund, we shall use the same method of payment you initially used, unless it was otherwise agreed; under no circumstances will you be charged additionally in case of a refund.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us (Ross Bay Cult c/o Ryan Förster, Römerweg 20, 67705 Stelzenberg, Germany) The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Information on cases, in which the right to cancel does not apply:
The right to cancel does not apply to distance selling contracts
- for the delivery of goods, which are manufactured to customer specifications or are clearly tailored to personal requirements, or which, due to their quality, are unsuitable for a return shipment or are easily perishable or whose expiry date would be exceeded;
- for the delivery of sealed goods, which, due to health protection or hygienic issues, are not suitable for return, in case the sealing has been removed upon delivery;
- for the delivery of goods, which, due to their characteristics, were inseparably mixed with other goods upon delivery;
- for the delivery of audio and video recordings or of software, insofar as the data carriers delivered have been unsealed by the consumer;
- for the delivery of newspapers and magazines, except for subscription contracts.
- for the delivery of alcoholic beverages, if the price was agreed upon at the time of contract conclusion but the goods may only be delivered 30 days later and their value depends on fluctuations on the market, which the seller cannot influence.
General information
1) Please avoid damaging or contaminating the goods. Send us the goods back, preferably using the original packaging with all accessories and packaging features. If possible, use a protective second packaging. If you are not in possession of the original packaging anymore, please use appropriate packaging so as to ensure adequate protection against transportation damages.
2) If possible, please do not send us the goods carriage forward.
3) Please note that clauses under 1) and 2) are not a requirement to exercise your right to cancel.
Sample cancellation form
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Email: [email protected]
I/we* hereby cancel the concluded contract regarding the purchase of the following
Goods (*)/Services (*)
_________________________
ordered on (*)/received on (*)
_________________________
Consumer’s name(s)
_________________________
Consumer’s address(es)
_________________________
_________________________
_________________________
_________________________
Signature (only when written form is chosen) Date
(*) Delete as appropriate
TERMS & CONDITIONS
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In General
Ross Bay Cult Eternal (https://rossbayculteternal.bigcartel.com) owns and operate this Website. This document governs your relationship with https://rossbayculteternal.bigcartel.com (Ross Bay Cult Eternal). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by https://rossbayculteternal.bigcartel.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://rossbayculteternal.bigcartel.com . By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://rossbayculteternal.bigcartel.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of https://rossbayculteternal.bigcartel.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by https://rossbayculteternal.bigcartel.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with https://rossbayculteternal.bigcartel.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.https://rossbayculteternal.bigcartel.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be https://rossbayculteternal.bigcartel.com or may in some cases be a third party. Where a contract is made with a third party https://rossbayculteternal.bigcartel.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://rossbayculteternal.bigcartel.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect https://rossbayculteternal.bigcartel.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://rossbayculteternal.bigcartel.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to https://rossbayculteternal.bigcartel.com
Indemnity
You agree to indemnify, defend and hold harmless https://rossbayculteternal.bigcartel.com , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
https://rossbayculteternal.bigcartel.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.ross-bay-cult.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of https://rossbayculteternal.bigcartel.com
STEUERNUMMER: 25/042/30305
Finanzamt: Mainz, Germany