1.1. These General Terms and Conditions (hereinafter "GTC") of bagobag GmbH apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods presented by the seller on the online marketplace at https://www.people-of-health.com/ (hereinafter "POH"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.3. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2.1. The contract is concluded as follows depending on the offer format:

2.1.1. Auction

If the seller lists an item in the "Auction" format on POH, they make a binding offer to conclude a contract for this item. The seller specifies a starting price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price for the auction format, the offer is subject to the suspensive condition that the minimum price is reached. The Customer accepts the offer by submitting a bid. For this purpose, the Customer first enters the amount of their maximum bid in the input field provided for this purpose on the seller's offer page and then goes through the further steps specified by POH. Finally, the Customer clicks on the "Confirm Bid" button. The acceptance is subject to the suspensive condition that the Customer is the highest bidder after the offer duration has expired. A bid expires if another buyer submits a higher bid during the offer duration. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.

2.1.2. Reverse Auction

If the seller lists an item in the "Reverse Auction" format on POH, they make a binding offer to conclude a contract for this item. The seller specifies a starting price and a period within which the offer can be accepted (offer duration). The starting price decreases in a technically predetermined rhythm until a bidder submits a bid via the "binding bid" button. This constitutes the acceptance of the seller's offer. The contract is concluded with the bidder who, within the specified offer duration, is the first to submit a bid at the displayed sale price. If the seller sets a minimum price for the respective reverse auction, the offer is subject to the condition that the minimum price is not undercut.

2.1.3. Fixed Price

If the seller lists an item in the "Fixed Price" format on POH, they make a binding offer to conclude a contract for this item. The Customer accepts the offer by going through the electronic ordering process on POH and finally clicking the "binding order" button.

2.2. The contract text is stored by the seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The seller does not make the contract text accessible beyond this.

2.3. Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.4. Only the German language is available for the conclusion of the contract.

2.5. Order processing and contact are made via email and automated order processing. 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 this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the seller can be delivered.

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices. Any additional delivery and shipping costs are separately stated in the respective product description.

4.2. The payment option(s) will be communicated to the Customer on POH.

5.1. If the seller offers to ship the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the order processing on POH is decisive for the transaction processing.

5.2. If the seller offers delivery of the goods via a courier service or by their own personnel, delivery is made within the delivery area specified by the seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the order processing on POH is decisive for the transaction processing.

5.3. If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation in the seller's withdrawal policy applies in the event of an effective exercise of the right of withdrawal by the Customer.

5.4. If the seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller.

If the seller provides advance performance, they reserve the right to retain ownership of the delivered goods until full payment of the owed purchase price.

7.1. If the goods are defective, the statutory warranty provisions apply.

7.2. If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual warranty claims.

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.1. The EU Commission provides an online platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

We are pleased that you are visiting our merchant shop on POH and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is bagobag GmbH. The controller for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

When contacting us (e.g., via contact form or email), personal data is collected. Which data is collected can be seen from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after final processing of your request, provided that the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

To process your order, we work with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the commissioned credit institution within the scope of payment processing, if this is necessary for payment processing. The legal basis for the transfer of data is Art. 6 (1) lit. b GDPR.

When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – "purchase on account" or "installment payment" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") within the scope of payment processing. The transfer is made in accordance with Art. 6 (1) lit. b GDPR and only insofar as this is necessary for payment processing.

PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – "purchase on account" or "installment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 (1) lit. f GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of payment default for the purpose of deciding on the provision of the respective payment method. The credit check may include probability values (so-called score values). If score values are included in the result of the credit check, they are based on a scientifically recognized mathematical-statistical procedure. Among other things, but not exclusively, address data is included in the calculation of the score values. Further data protection information, including information on the credit agencies used, can be found in PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual payment processing.

The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:

• Right of access pursuant to Art. 15 GDPR: You have the right to obtain information about your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us from you, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing, as well as your right to be informed of the guarantees pursuant to Art. 46 GDPR when your data is transferred to third countries;

• Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain without undue delay the rectification of inaccurate data concerning you and/or the completion of your incomplete data stored by us;

• Right to erasure pursuant to Art. 17 GDPR: You have the right to obtain the erasure of your personal data if the conditions of Art. 17 (1) GDPR are met. However, this right does not exist in particular if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

• Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain the restriction of the processing of your personal data as long as the accuracy of your data contested by you is verified, if you refuse the erasure of your data due to inadmissible data processing and instead request the restriction of the processing of your data, if you need your data for the establishment, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved, or if you have lodged an objection for reasons of your particular situation as long as it has not yet been determined whether our legitimate reasons prevail;

• Right to information pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

• Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;

• Right to withdraw consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal;

• Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, particularly in the Member State of your residence, place of work, or the place of the alleged infringement.

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing, and - if applicable - additionally by the respective statutory retention period (e.g., commercial and tax retention periods).

When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) lit. a GDPR, this data is stored until the data subject revokes their consent.

If there are statutory retention periods for data processed within the framework of legal or contractual obligations on the basis of Art. 6 (1) lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer necessary for the fulfillment or initiation of the contract and/or there is no legitimate interest on our part in further storage.

When processing personal data on the basis of Art. 6 (1) lit. f GDPR, this data is stored until the data subject exercises their right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the assertion, exercise, or defense of legal claims.

When processing personal data for direct marketing purposes on the basis of Art. 6 (1) lit. f GDPR, this data is stored until the data subject exercises their right to object pursuant to Art. 21 (2) GDPR.