CONDITIONS
Policies at Life Is Pain.
Transparency and care
We founded Life Is Pain with one goal in mind: to provide our customers with a fair, rewarding, and enjoyable shopping experience. Our store policies are detailed below.
General Terms and Conditions
1. scope of application
The following terms and conditions apply to all orders placed through our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. contracting party, conclusion of contract, correction options
The purchase contract is concluded with LIFESPAIN GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. delivery conditions
We deliver to Germany, Austria & Switzerland.
Delivery within Germany is free.To Austria and Switzerland the costs are €7.95.
Customs duties and other fees are not part of the shipping costs and are therefore to be borne separately by the customer.
From a minimum order value of 200 euros, there are no shipping fees worldwide.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
4.1 Delivery periods
Unless otherwise stated in the respective offer, delivery will be made within 2 - 3 days, for foreign deliveries within 5 - 15 days after conclusion of the contract.
Please note that no delivery will be made on Sundays and public holidays.
The time limit for delivery begins with payment in advance on the day after issuing the payment order to the remitting credit institution or with other payment methods on the day after the conclusion of the contract to run and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
5. payment
In our store, the following payment methods are generally available to you:
Credit card
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal
During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
Immediately by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
6. retention of title
The goods remain our property until full payment.
7. transport damage
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the delivery company and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of used goods, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, insofar as agreed or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.
9. liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- for injury to life, limb or health
- for intentional or grossly negligent breach of duty
- for warranty promises, if agreed, or
- to the extent that the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages shall be excluded.
Right of withdrawal of the consumer, cancellation policy
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
AGB created in cooperation with Wilde Beuger Solmecke Attorneys at Law.
Privacy policy
Responsible for data processing is:
LIFEISPAIN GmbH
Gaisbergweg 40
79761 Waldshut
Germany
Help@lifeispainde.com
Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
1. access data and hosting
You can visit our websites without providing any personal information. Each time you call up a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call.
This access data is evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. In accordance with Art. 6 para. 1 p. 1 lit. f DSGVO, this serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests. All access data is deleted no later than seven days after the end of your visit to the site.
Hosting services by a third-party provider
As part of processing on our behalf, a third-party provider provides us with the services for hosting and displaying the website. All data collected in the course of using this website or in forms provided for this purpose in the online store as described below are processed on its servers. Processing on other servers only takes place within the framework explained here.
This service provider is located within a country of the European Union or the European Economic Area.
2. data collection and use for contract processing, contacting
We collect personal data when you provide it to us in the context of your order or when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact and you can not complete the order or send the contact without their information. Which data is collected can be seen from the respective input forms.
We use the data provided by you in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for contract processing and processing your requests. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of any retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.
3. data transfer
For the fulfillment of the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves, insofar as you create an account there. In this case, you must register with the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
4. cookies
In order to make the visit to our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to protect our legitimate interests in an optimized presentation of our offer, which prevail in the context of a balancing of interests, in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser the next time you visit (persistent cookies). The duration of storage can be found in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:
Internet Explorer™
Safari™
Chrome™
Firefox™
Opera™
If you do not accept cookies, the functionality of our website may be limited.
5. online marketing
Live chat tool Zendesk
If you use the live chat tool to contact us, the data you voluntarily enter there (name, email address, message) will be processed by us in accordance with Art. 6 (1) p. 1 lit. b DSGVO for the purpose of responding to the inquiry in the context of contract processing. In addition, the use of this tool serves to protect our legitimate interests in effective and improved customer communication, which prevail in the context of a balancing of interests, pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO. The data is subsequently deleted.
As part of processing on our behalf, the third-party provider Zendesk, Inc. provides the services for us to provide the live chat tool. All data collected in the course of using the chat tool is processed on its servers.
Zendesk, Inc. is located in the USA and is certified under the EU-US Privacy Shield. A current certificate can be here can be viewed. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.
Live chat tool Userlike
If you use the live chat tool to contact us, the data you voluntarily enter there (name, email address, message) will be processed by us in accordance with Art. 6 (1) p. 1 lit. b DSGVO for the purpose of responding to the inquiry in the context of contract processing. In addition, the use of this tool serves to protect our legitimate interests in effective and improved customer communication, which prevail in the context of a balancing of interests, pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO. The data is subsequently deleted.
As part of processing on our behalf, the third-party provider Userlike provides the services for us to provide the live chat tool. All data collected in the course of using the chat tool is processed on its servers.
6. social media
Use of social plugins from Facebook, Instagram, using the Shariff solution.
Social buttons from social networks are used on our website.
This serves to protect our legitimate interests in optimal marketing of our offer, which prevail in the context of a balancing of interests, in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. In order to increase the protection of your data when visiting our website, these buttons are not unrestricted plug-ins, but are only integrated into the page using an HTML link. This integration ensures that when you call up a page of our website that contains such buttons, no connection is yet established with the servers of the provider of the respective social network.
If you click on one of the buttons, a new window of your browser opens and calls up the page of the respective service provider, on which you can (if necessary after entering your login data) e.g. click the Like or Share button.
For the purpose and scope of the data collection and the further processing and use of the data by the providers on their pages, as well as a contact option and your rights and setting options in this regard to protect your privacy, please refer to the privacy notices of the providers:
https://www.facebook.com/policy.php
https://help.instagram.com/155833707900388
https://policies.google.com/privacy
Our online presence on Facebook, Instagram
Our presence on social networks and platforms serves to improve active communication with our customers and interested parties. We provide information there about our products and ongoing special promotions.
When visiting our online presences in social media, your data may be automatically collected and stored for market research and advertising purposes. So-called usage profiles are created from this data using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used on your terminal device for this purpose. In these cookies, the visitor behavior and the interests of the users are stored. This serves according to Art. 6 para. 1 lit. f. DSGVO to protect our legitimate interests in an optimized presentation of our offer and effective communication with customers and interested parties, which prevail in the context of a balancing of interests. If you are asked by the respective social media platform operators for consent (agreement) to the data processing, e.g. by means of a checkbox, the legal basis for the data processing is Art. 6 (1) lit. a DSGVO.
Insofar as the aforementioned social media platforms have their headquarters in the USA, the following applies: For the USA, there is an adequacy decision of the European Commission. This goes back to the EU-US Privacy Shield. A current certificate for the respective company can be here
For detailed information on the processing and use of data by the providers on their sites, as well as a contact option and your rights and setting options in this regard to protect your privacy, in particular opt-out options, please refer to the privacy notices of the providers linked below. If you still require assistance in this regard, you can contact us.
Facebook: https://www.facebook.com/about/privacy/
Data processing is carried out on the basis of an agreement between jointly responsible parties pursuant to Art. 26 DSGVO, which you can find here
Further information on data processing in the context of visiting a Facebook fan page (information on Insights data) can be found here.
Instagram: https://help.instagram.com/519522125107875
Option to object (opt-out):
Facebook: https://www.facebook.com/settings?tab=ads
Instagram: https://help.instagram.com/519522125107875
7. contact options and your rights
As a data subject, you have the following rights:
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Pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;
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pursuant to Art. 16 DSGVO, the right to demand without undue delay the correction of incorrect or completion of your personal data stored by us;
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in accordance with Art. 17 DSGVO, the right to request the erasure of your personal data stored by us, unless further processing is necessary
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for the exercise of the right to freedom of expression and information;
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for the fulfillment of a legal obligation;
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for reasons of public interest; or
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is necessary for the assertion, exercise or defense of legal claims;
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in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as
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the accuracy of the data is disputed by you;
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the processing is unlawful, but you object to its erasure;
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we no longer need the data, but you require it for the assertion, exercise or defense of legal claims; or
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you have objected to the processing in accordance with Art. 21 DSGVO;
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pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;
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pursuant to Art. 77 DSGVO, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.
If you have any questions about the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.
Right of objection
Insofar as we process personal data as explained above in order to protect our legitimate interests, which prevail in the context of a balancing of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you will only have the right to object if there are grounds arising from your particular situation.
After you have exercised your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is for the purpose of asserting, exercising or defending legal claims
This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.
Privacy policy created in cooperation with Wilde Beuger Solmecke Attorneys at Law.
Imprint
Owner:
LIFEISPAINGmbh
Gaisbergweg 40
79761 Waldshut
Germany
Business: info@lifeispainde.com
Customer service: help@lifeispainde.com
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.