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General Terms and Conditions & Privacy Policy Information & Cancellation Policy & Cancellation Form
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Table of Contents
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A. General Terms and Conditions
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects
Special Conditions for the Processing of Goods According to Customer Specifications
Applicable Law
Alternative Dispute Resolution
Code of Conduct
B. Privacy Policy Information
Information on the Collection of Personal Data and Contact Details of the Controller
Contacting Us
Data Processing for Order Handling
Rights of the Data Subject
Duration of Storage of Personal Data
Note on the Etsy Privacy Policy
Tools and Miscellaneous
C. Cancellation Policy
Introduction
Right of Withdrawal
Consequences of Withdrawal
Exclusion or Premature Expiry of the Right of Withdrawal
D. Cancellation Form
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A. General Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Nicole Hutzsch, trading under "babong.me" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods presented by the Seller on the online marketplace Etsy (hereinafter referred to as "Etsy"). 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 predominantly cannot be attributed to their commercial or self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer to sell that item.
2.2 The Customer can accept the Seller's offer using the online order form provided on Etsy. To do so, the Customer must first place the desired item in the virtual shopping cart on Etsy and then go through the order process specified by Etsy. By clicking the button that completes the order process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the goods selected by the Customer.
2.3 The contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the conclusion of the contract, along with these GTC and customer information. The Seller does not provide any further access to the contract text beyond this.
2.4 Before submitting a binding order, the Customer can recognize possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's zoom function, which allows for an enlarged display on the screen. The Customer can correct their entries before submitting the order using the usual keyboard and mouse functions as part of the electronic ordering process.
2.5 The contract language available for the conclusion of the contract is German.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details regarding the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. No VAT is shown, as the Seller is a small business owner under the German VAT Act (UStG). Any additional shipping and delivery costs will be specified separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller's offer on Etsy.
4.3 If payment is made using a payment method offered through the payment service "Etsy Payments," the transaction is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC") or—if the payment is made in US dollars or Canadian dollars—via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as "Etsy Inc."). Etsy UC or Etsy Inc. enables the Customer to use various payment methods through Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services for processing payments. The specific payment methods available for each product are displayed in the Seller’s offer or during the checkout process. Further information and the terms of use for Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/?ref=list.
5) Delivery and Shipping Terms
5.1 The delivery of goods is carried out via shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address provided during the Etsy checkout process is decisive for the execution of the transaction.
5.2 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 to shipping costs in cases where the Customer effectively exercises their right of withdrawal. Regarding return shipping costs in the event of a valid withdrawal, the provisions in the Seller’s cancellation policy shall apply.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller’s fault and the Seller has concluded a specific covering transaction with the supplier using due diligence. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payments will be promptly refunded.
6) Retention of Title
If the Seller makes advance deliveries, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been received.
7) Liability for Defects
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur:
The Seller has the right to choose the type of subsequent performance.
The limitation period for defect claims for new goods is one year from delivery of the goods.
For used goods, the rights and claims for defects are excluded.
The limitation period does not start anew if a replacement delivery is made as part of liability for defects.
7.2 The above limitations of liability and reductions of time limits do not apply:
To claims for damages and reimbursement of expenses by the Customer,
If the Seller has fraudulently concealed the defect,
For goods that, according to their usual use, have been used for a building and have caused its defectiveness,
For any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer is a merchant as defined by § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with these notification obligations, the goods are deemed approved.
7.5 If the Customer is a consumer, they are requested to report obvious transport damages to the deliverer and inform the Seller accordingly. Failure to do so has no consequences for the Customer's statutory or contractual defect claims.
8) Special Conditions for the Processing of Goods According to Customer Specifications
8.1 If, according to the content of the contract, the Seller is also responsible for processing the goods according to specific requirements provided by the Customer, the Customer must provide the Seller with all necessary content for processing, such as texts, images, or graphics, in the formats, specifications, image and file sizes specified by the Seller, and grant the Seller the necessary usage rights. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that they have the right to use the contents provided to the Seller. In particular, the Customer ensures that no third-party rights are violated, including copyrights, trademark rights, and personal rights.
8.2 The Customer indemnifies the Seller against claims by third parties that these third parties may assert against the Seller in connection with an infringement of their rights due to the contractual use of the Customer's content by the Seller. The Customer also assumes the reasonable costs of necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for the examination of claims and defense in the event of third-party claims.
8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or official prohibitions or offends against common decency. This particularly applies to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence.
9) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not deprived.
10) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of Conduct
The Seller has submitted to the terms and conditions for participation in the eCommerce initiative "Fairness in Trade," which can be viewed online at fairness-im-handel.de/teilnahmebedingungen/.
B. Information on Data Protection
Information on the Collection of Personal Data and Contact Information of the Responsible Party
1.1 We are pleased that you are visiting our Etsy page (hereinafter referred to as the "Website") and thank you for your interest. Below, we inform you about the handling of your personal data when using our Website. Personal data refers to all data that can be used to identify you personally.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is Nicole Hutzsch, babong.me, Birkenallee 21, 25436 Uetersen, Germany, Tel.: +49 170 2980705, Email: info@babong.me. The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.
Contacting Us
If you contact us (e.g., via contact form or email), we collect the personal data you transmit to us for this purpose. These data are stored and used solely for the purpose of processing your request and for the related technical administration. The legal basis for processing the data is our legitimate interest in processing your request according to Art. 6 Para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after your request has been completed, unless there are legal retention obligations. We consider the processing of your request to be complete when the circumstances show that the issue at hand has been conclusively resolved.
Data Processing for Order Processing
3.1 As far as necessary for the processing of the contract for delivery and payment purposes, the personal data we collect will be passed on to the commissioned shipping company and the commissioned bank according to Art. 6 Para. 1 lit. b GDPR.
If, based on a corresponding contract, we owe you updates for goods with digital elements or digital products, we process the contact details (name, address, email) you provided during the order to personally inform you about upcoming updates within the legally required period, in accordance with our legal obligation to provide information under Art. 6 Para. 1 lit. c GDPR. Your contact details will be used exclusively for the purpose of communicating updates owed by us and will be processed only to the extent necessary for this information.
For order processing, we also work with the following service provider(s) who support us in the fulfillment of contracts. To these service providers, certain personal data will be transmitted according to the information below.
3.2 When using the payment method Etsy Payments, the payment processing is handled by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC"), unless the payment is made in US dollars or Canadian dollars. In this case, the payment processing is handled by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as "Etsy Inc."). The transfer is made according to Art. 6 Para. 1 lit. b GDPR and only to the extent necessary for payment processing.
Further data protection information can be found in Etsy's privacy policy: etsy.com/de/legal/privacy/
4) Rights of the Data Subject
4.1 The applicable data protection law grants you comprehensive rights concerning the processing of your personal data by the data controller (right to information and intervention rights), which we inform you about below:
Right to Access under Art. 15 GDPR: You have the right to request information about the personal data we process about you, including the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the intended storage duration or the criteria for determining the storage duration, the existence of the right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the source 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, as well as the scope, intended consequences, and effects of such processing, and your right to be informed about the guarantees under Art. 46 GDPR when your data is transferred to third countries;
Right to Rectification under Art. 16 GDPR: You have the right to have any inaccurate data concerning you rectified without delay and/or to have incomplete data completed;
Right to Erasure under Art. 17 GDPR: You have the right to request the erasure of your personal data if the conditions of Art. 17 Para. 1 GDPR are met. However, this right does not exist, in particular, when the processing is required to exercise the right to freedom of expression and information, to fulfill a legal obligation, for public interest reasons, or for the assertion, exercise, or defense of legal claims;
Right to Restriction of Processing under Art. 18 GDPR: You have the right to request the restriction of processing of your personal data while the accuracy of the data you contest is being verified, if you refuse the deletion of your data due to unlawful processing and instead request the restriction of processing, if you need the data to assert, exercise, or defend legal claims, after we no longer require the data for its intended purpose, or if you have lodged an objection due to your particular situation, as long as it has not been determined whether our legitimate reasons outweigh yours;
Right to Notification under Art. 19 GDPR: If you have exercised your right to rectification, deletion, or restriction of processing, the data controller is obliged to inform all recipients to whom your personal data has been disclosed of the rectification, deletion, or restriction of processing, unless this is impossible or would involve disproportionate effort. You have the right to be informed about these recipients.
Right to Data Portability under 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 the transfer of this data to another data controller, provided that this is technically feasible;
Right to Withdraw Consent under Art. 7 Para. 3 GDPR: You have the right to withdraw your consent to data processing at any time with effect for the future. In the event of withdrawal, we will delete the affected data 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 the consent before its withdrawal;
Right to Lodge a Complaint under Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right 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, without prejudice to any other administrative or judicial remedy.
4.2 Right to Object
If we process your personal data on the basis of our legitimate interests, you have the right to object to such processing at any time, for reasons arising from your particular situation, with effect for the future.
If you exercise your right to object, we will cease processing the affected data. However, further processing may be permitted if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and freedoms, or if the processing is necessary for the assertion, exercise, or defense of legal claims.
If we process your personal data for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing. You can exercise this right as described above.
If you exercise your right to object, we will cease processing the affected data for direct marketing purposes.
5) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal basis, the processing purpose, and – if applicable – the statutory retention period (e.g., commercial and tax law retention periods).
When processing personal data based on explicit consent under Art. 6 Para. 1 lit. a GDPR, the affected data will be stored until you withdraw your consent.
If there are legal retention periods for data processed in the course of contractual or similar obligations under Art. 6 Para. 1 lit. b GDPR, these data will be deleted after the retention periods have expired, provided they are no longer necessary for contract fulfillment or initiation and/or there is no legitimate interest on our part in continuing to store them.
When processing personal data based on Art. 6 Para. 1 lit. f GDPR, the data will be stored as long as you have not exercised your right to object under Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights, and freedoms, or the processing is necessary for the assertion, exercise, or defense of legal claims.
When processing personal data for direct marketing purposes under Art. 6 Para. 1 lit. f GDPR, the data will be stored until you exercise your right to object under Art. 21 Para. 2 GDPR.
Unless otherwise specified in this declaration concerning specific processing situations, personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Notice on Etsy Privacy Policy
For all data processing beyond what has been described above, the Etsy platform is responsible. You can find more information about Etsy's privacy practices in Etsy's privacy notice: etsy.com/de/legal/privacy/?ref=ftr
7) Tools and Miscellaneous
Paperwork
For handling accounting, we use the cloud-based accounting software service provided by:
Odacer Finanzsoftware GmbH
Konrad-Adenauer-Ring 13
65187 Wiesbaden, Germany
The provider processes incoming and outgoing invoices and, if applicable, the bank transactions of our company to automatically capture invoices, match them to transactions, and generate the financial accounting in a semi-automated process.
If personal data is processed in the course of this, the processing is based on our legitimate interest in an efficient organization and documentation of our business operations.
C. Right of Withdrawal
Introduction
Consumers have the right of withdrawal as described below. A consumer is any natural person who concludes a legal transaction for purposes that predominantly are neither related to their commercial nor their self-employed professional activity:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item.
To exercise your right of withdrawal, you must inform us (Nicole Hutzsch, babong.me, Birkenallee 21, 25436 Uetersen, Germany, Tel.: 01702980705, E-Mail: info@babong.me) of your decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction unless something else has been expressly agreed with you; in no case will you incur any charges for this refund.
In contracts for the delivery of goods, we may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without undue delay and in any case no later than twenty-one days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of twenty-one days has expired.
You will bear the direct cost of returning the goods.
You will only be liable for any diminished value of the goods if this loss of value is due to handling the goods in a way that was not necessary to examine the nature, characteristics, and functioning of the goods.
Exclusion or Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-made and for the production of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
D. Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To:
Nicole Hutzsch
babong.me
Birkenallee 21
25436 Uetersen
Germany
Email: info@babong.me
Hereby, I/we () withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ():
Ordered on () ____________ / received on () __________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if sent on paper)
Date
(*) Delete as appropriate
