§ 1 - Validity

(1) Services are delivered and propositions are made available solely on the basis of these terms and conditions. The terms and conditions are a component of all HDD contractual agreements with its customers regarding services offered.

(2) All arrangements made between HDD and the customer regarding execution of this contract are set forth in writing in this contract.

§ 2 – Offer and Conclusion of Contract

(1) Brochures, ads or other promotional materials containing offerings and listing prices are subject to change and are not binding.

(2) The contractual agreement is normally concluded via the HDD web site. The customer is bound to an order he or she signed, i.e., placed online. Upon placement of the order online via the HDD web site, the customer will receive an order confirmation and corresponding invoice. HDD considers the order received once the customer has received an order confirmation from HDD. This order confirmation, however, is not sent until HDD has received payment on its business account.

§ 3 – Prices and Payment

(1) Provided that HDD does not charge value added tax, the value added tax is not included in HDD's prices; the value added tax in the amount allowed by law on the day of the invoice will be listed separately on the bill. If the value added tax is not to be listed on the invoice, then it will also not be charged. Payment can be made in EUROS or US DOLLARS.

(2) Unless agreed upon otherwise in writing, HDD requires full payment of the amount due for HDD's services in advance. Payment in advance is due immediately upon the customer's receipt of the order confirmation.

(3) Payment  is handled by PayPal or by Astonishing Cards.  Postcards sold to retailers may be paid by bank transfer in addition to PayPal.

(4) Only when counter claims are uncontested or determined to be legally binding may the customer offset HDD's demands with his or her own demands. The customer is entitled to withholding, including due to counter claims from the same contractual relationship.

(5) Invoicing is based on the individual offer made by HDD specifically for each customer.

§ 4 – Scope of Services

(1) HDD will offer children's travel postcards with internet connection through retail and internet sales. The HDD website, www.ifuwerehere.com, will offer a learning experience in a fun-filled space attractive to children and adults of all ages. Although the main target audiences for Heckery Dekkery Dot are the United States of America and Germany, HDD may reach other international audiences as well via internet sales.

HDD is a unique travel game which enables all players to learn more about the world around them, but it is first and foremost a children's learning game in which children not only become acquainted with other parts of the world, but also gain respect for other cultures in a fun and easygoing, carefree manner. Unique "game"card postcards become a child's "passport" to an online travel game at www.ifuwerehere.com. Traveler players, upon completing the phrase printed on the back of the postcard, "If u were here," send the "game"card postcards to "recipient" players back home who become virtual globe-trotters when they visit www.ifuwerehere.com to learn more about the famous site and what they could do if they were there! It is HDD's goal to help children learn about the city featured on the travel game postcard and the people who live there by providing them with an educational as well as a fun website. Children also will be encouraged to exchange ideas with online pen pals under the guidance of a parent or other responsible adult caregiver.

Who will win? Everybody will win when children learn more about the world around them.

§ 5 – Time Table

Unless a fixed deadline or date has otherwise been agreed upon in writing, HDD's services – depending on the amount of work involved – will be delivered within a normal time frame of up to four weeks. This time table does not take effect until payment of the amount due has been made in full and all necessary documentation and confirmations by third parties have been received by HDD.

§ 6 - Warranty

(1) The customer is protected by law in the event of any defects. However, HDD provides a warranty only within the limits of up-to-dateness at the time of the purchase agreement and within the limits of normal dependability. However, HDD does not limit the application of the warranty to gross negligence or deliberate intention.

(2) HDD warrants for its services but only to the extent that the customer has fulfilled his or her obligation to provide truthful and - in HDD's point of view - complete documentation. Should this not happen, this constitutes a breach of contract on the part of the customer, which entitles HDD to withdraw from the contract. In the event that the customer has submitted payment, the payment is applied toward services provided by HDD until acknowledgement of the breach of contract. A refund is not due.

(3) However, for damage claims by the customer, the special provisions of § 8 apply.

§ 7 – Liability for Damage Compensation

(1) Customer damage compensation claims due to recognizable service deficiencies are excluded if the customer does not report the deficiency to HDD within a period of two weeks following receipt of the service. If the deficiency is reported in a timely manner, HDD can not be held liable for damages for more than three times the gross order volume.

(2) HDD's loss is furthermore limited to damage compensation for damages that are foreseeable and typical for this type of contract – regardless of which legal basis, particularly due to delay, defects or other breaches of obligation. However, at a maximum of three times the gross order volume.

(3) HDD is not responsible for damage as a result of the postal service.

§ 8 Customer information: Notice on data processing

Due to the General Data Protection Regulation (DSGVO) 2019, we have extensive information obligations, with which we hereby comply. 

(1) Name and contact details of the controller and the company data protection officer
Responsible for the processing of your personal data is the single merchant Cheryl Hornung, Heckery Dekkery Dot Travel Game Postcards for Children, Habichtstalgasse 26, 35037 Marburg.

As data protection officer, the person in charge, Ms. Cheryl Hornung, has been commissioned. She is accessible at the aforementioned contact data and/or at info@ifuwerehere.com.

(2) Collection and storage of personal data as well as nature and purpose and their use
If you become our customer, we collect the following information:

• First name Last Name,
• a valid e-mail address, if available and notified,
• Address,
• Telephone number (landline and / or mobile)
• if necessary bank account, if notified,
• The collection of these data takes place
• to identify you as our customer;
• to be able to adequately serve and supply you with legal advice;
• for invoicing;

The data processing is based on your request and is in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for the stated purposes for the adequate processing of the customer order and for the mutual fulfillment of obligations from the customer order.

The personal data collected by us for the processing of the customer order will be stored until the expiry of the respective statutory retention obligations for merchants and then deleted, unless we are under Article 6 para. 1 sentence 1 lit. c DSGVO are obliged to store for longer periods due to tax and commercial requirements for storage and documentation, we need the data in order to fulfill our statutory obligations or you are entitled to further storage in accordance with Art. 6 (1) sentence 1 lit. a DSGVO have consented.

(3) Forwarding of data to third parties

A transfer of your personal data to third parties for purposes other than those listed below does not take place.

Insofar as this is required by Art. 6 para. 1 sent. 1 lit. b, 9 para. 2 lit. f DSGVO is required for the processing of customer orders with you, your personal data will be passed on to third parties. This includes, in particular, the transfer to third party consignees and their representatives. The transferred data may only be used by the third party for the stated purposes.

(4) Transmission to a third country

In principle, your data will not be transmitted to a third country (non - EU - foreign countries) within the meaning of the GDPR. If your matter has a foreign reference, such a transfer may occur as intended.

(5) Your rights

You have the right:

• pursuant to Art. 7 para. 3 DSGVO your once given consent, insofar as you have issued such, to revoke against us at any time. As a result, we can not and will not continue the data processing we are allowed to do on the basis of this consent in the future; This does not affect the data processing that takes place on the basis of other statutory authorizations, in particular pursuant to Art. 6 para. 1 sentence 1 lit. b, 9 para. 2 lit. f DSGVO for the performance of the contract and the assertion, exercise and defense of legal claims;
• in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you may provide information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
• in accordance with Art. 16 DSGVO to demand the rectification of incorrect or completed personal data stored by us immediately;
• in accordance with Art. 17 DSGVO, to require the deletion of your personal data stored by us, except where the processing is for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims is required;
• in accordance with Art. 18 DSGVO to demand the restriction of the processing of your personal data, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject their deletion and we no longer need the data, but you to assert, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
• pursuant to Art. 20 GDPR to obtain your personal data that you have provided to us in a structured, standard and machine-readable format or to request that you send it to another person responsible for the transaction and
• according to Art. 77 GDPR to complain to a supervisory authority. In general, you can contact the regulator of your permanent residence for this. The supervisory authority of Heckery Dekkery Dot Travel Game Postcards for Children is the Hess. Commissioner for Data Protection and Freedom of Information, PO Box 3163, 65021 Wiesbaden

(6) Right to object

If your personal data, based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO, are processed, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, as far as there are reasons for this arising from your particular situation.

§ 9 – Court of Jurisdiction

It is agreed upon that German law applies. Marburg/Lahn is predifined as the court of jurisdiction.


 

–– Cheryl Hornung, Heckery Dekkery Dot Travel Game Postcards for Children ––

• If you were here • Sightseeing • Travel • Tourists • Upload your own Photos and create your own Personalized Photo Postcards • Real Travel Postcards sent in the Real Mail • Learn MORE about the world • Fun and Educational, too • Play the Travel Game • Children • Grandparents • Relatives • Friends • Teachers • Send Postcards from your iPhone, iPad or Smartphone • If u were here •