AGB - General Terms and Conditions
by Sandra Wiener (Apfelblüte Style & Accessoires)
owner and authorized representative: Sandra Wiener
§ 1 Scope of application, definition
(1) The contract language is German. The following terms and conditions (GTC) apply to all contracts concluded by the seller, Sandra Wiener, Mühlenweg 3, 86424 Dinkelscherben, (hereinafter also referred to as seller) with customers on the sales platform Etsy. Customer in the sense of the GTC can be a consumer as well as an entrepreneur.
(2) A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or his independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership with the ability to acquire rights and enter into liabilities.
§ 2 Contracting party, customer service, address for complaints
(1) A sales contract is concluded with Sandra Wiener. You can find further information on this in the imprint on the article page under "Imprint". For questions, complaints or objections you can reach us at
Sandra Wiener
Mühlenweg 3
86424 Dinkelscherben
Apfel-Bluete@online.de
Phone: (0049) 8292 3719807
§ 3 Subject matter of contract / Conclusion of contract / Technical steps
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods as well as price / delivery costs and further details can be found in the article description and article page.
(2) The product features and details as well as the duration of limited offers can be found in the product descriptions on the platform.
(3) The offers submitted by the seller are binding. For the conclusion of the contract the Etsy conditions apply. These can be found at the bottom of the Etsy page (www.Etsy.com) under "Shopping on Etsy" or can be viewed at (https://help.etsy.com/hc/de/articles/115013196707-Einen-Artikel-kaufen). The text reads as follows (status: 09.07.2018) "Whoever places an article on Etsy as a seller makes a binding offer to conclude a contract for this article. The contract is concluded when another member (buyer) clicks on the button provided for this purpose (currently: "Order subject to payment") and confirms the transaction. After conclusion of the purchase contract, the buyer receives a system e-mail from Etsy as confirmation". This e-mail contains the content of your order, the total costs including shipping costs, the payment method, the imprint, the seller's terms and conditions and the cancellation or return policy. We recommend to print or save these data.
(4) In the following points you will find the technical steps that lead to the conclusion of the contract or how input errors can be corrected.
Step 1: Add an item to your shopping cart. If you have found something and want to buy it, proceed as follows: On the article page click on Add to shopping cart. If the item you want to buy has different options - such as size, color, or shape - you will need to select the options before you can add the item to your cart. You can access your shopping cart at any time by clicking on the shopping cart icon at the top right of the
Step 2: Add order details. In the shopping cart you can choose a shipping address, check the cost of the item or change the quantity you want to buy if the seller has more than one copy available. Check the item description to see if the seller needs special information from you. If you have something you want to tell the seller, enter this information in the Note to Seller (optional) field. If you have a coupon, click Apply Shop Coupon, enter your coupon, and then click Apply. If you use more than one coupon, the last coupon you entered may overwrite previously entered coupons. The reason is that some coupons can be redeemed for several stores in your shopping cart. In this case, re-enter your coupons in a different order until you get the desired result.
Step 3: Select the payment method. Sellers decide which payment methods they accept, so how you can pay for your purchase may vary from store to store. The seller may offer one or more of the following payment methods: website. Then you can proceed to the checkout or continue shopping.
A) Credit card
If the seller accepts credit cards directly, you can complete your purchase with the following credit cards. (A debit card with one of these logos should also work).
Visa
Mastercard/Eurocard
Discover
American Express
Carte Bleue (France)
In this article you will find tips in case you have problems with your card. You may find that your credit card statement shows a pending transaction for a small amount. This is a pre-authorization test to ensure that your card is valid. Once your card has been verified and confirmed, this amount will be removed from your statement.
Your card is stored for future purchases, but you can remove or change it at any time by going to > Account Settings > Credit Cards.
Note: If you are using the Etsy app on iOS, you can add a card during the purchase process. During the checkout process an option Add New Card will be displayed. You can either scan your card with your device's camera or enter your card information manually. When you are finished, tap Save and use this card.
B) Etsy Voucher or Etsy Credit
If you have credit from an Etsy voucher or Etsy credit, the option to pay with this credit is automatically selected. Uncheck the box if you do not want to use your credit. Here you can read more about how to redeem and pay with an Etsy voucher or Etsy credit. Please note that you need an Etsy account to purchase an Etsy voucher or redeem an Etsy voucher or Etsy credit.
C) Apple Pay
Apple Pay is a mobile payment service for iOS users in Australia, Canada, France, Hong Kong, Singapore, Switzerland, the United Kingdom and the United States who shop via Etsys mobile app or via Safari on desktop computers or mobile devices.
D) Android Pay
Android Pay is a mobile payment service available to Android buyers in the UK and US who shop on the mobile app.
E) PayPal
If you want to pay with PayPal, you will be redirected to a secure PayPal page, and then back to Etsy to confirm your order. If you use PayPal for multi-shop payment, you can buy items in up to 10 stores with one transaction at a time. Learn more here.
You may be able to pay with a card using PayPal without having a PayPal account. Here's how it works:
Click on Buy with PayPal and you will be redirected to PayPal. Instead of choosing to pay with your PayPal account, choose the option to pay by credit or debit card.
You will then be asked to enter your billing information and credit card details. Enter your email address so PayPal can send you a receipt. Click Next to return to Etsy. Your payment will not be initiated until you click Buy on Etsy.
Note: PayPal has limits on how often you can use the guest payment feature. If you experience problems or have questions about PayPal's guest payment feature, please contact PayPal directly.
F) Klarna Pay Later
With a billing product called "Pay Later" from our partner Klarna, Etsy buyers in Germany can receive their orders before they pay for them. Klarna is an online payment processing company based and licensed in Sweden. Here you can learn more about Klarna.
Note: If you don't see this option but are in Germany, make sure your regional settings are set to "Germany" and "Euro" by scrolling down on most Etsy pages. Click on the country and currency to change them.
G) Bank transfer
This payment option is offered to buyers in most stores in the Netherlands, Austria and Germany.
You can pay by bank transfer via iDEAL in the Netherlands and via Sofort in Germany and Austria.
You will be redirected to the website of iDEAL or Sofort to authorize your payment. You will then be redirected back to Etsy.
You must have an Etsy account to pay by bank transfer.
Note: If this option is not displayed and you are in one of these countries, make sure your region setting is correct by scrolling down to the bottom of most pages on Etsy. Click on the country and change your region. If this setting is already correct, the seller may not accept bank transfers.
F) Cheque or cash transfer
In this case, you will receive the postal address of the seller after the purchase of the order.
You must have an Etsy account to pay by check or cash transfer.
H) Other
This means that the seller offers a different method of payment. Check the store's terms and conditions in the item overview or contact the seller to arrange payment.
You must have an Etsy account to use this payment method.
Step 4: Submit your order.
You can check all information before you send your order.
If necessary, you can change your shipping address by clicking on the Change link. You can only enter one address for each transaction, even if you use multi-shop payment. If you want to have certain items delivered to a different address, move these items to the "Save for later" section in your shopping cart and purchase them later in a separate transaction.
To complete the process, click Buy.
You will see a confirmation that your order has been placed.
Congratulations!
Etsy will send you an e-mail for each store you have purchased from. If you have any questions about your order, please contact the seller directly.
§ 4 Prices / Delivery / Delivery address / Delivery costs
(1) The prices stated in Euro are final prices, i.e. they include all price components, including the statutory German value added tax. Any additional delivery and shipping costs that may be incurred will be shown separately in the respective product presentation in the offer.
(2) Delivery is made against prepayment. The delivery period of the individual products can be taken from the article description.
(3) If the customer pays by prepayment/bank transfer, then the delivery address is, if the customer pays by PayPal, the delivery address deposited at PayPal (buyer protection address deposited at Etsy delivery address valid. The customer is responsible for the actuality and correctness of the deposited delivery address.
Packstation addresses are not suitable as delivery addresses, since Packstations do not accept standard letters or compact letters. The customer is therefore requested to provide a suitable delivery address. No liability is accepted for any delays in delivery caused by the customer's failure to provide a prompt delivery address.
(4) If the customer neglects to check his delivery address before ordering for its correctness / topicality (keyword: no Packstation address), whereby a delivery does not arrive and/or returns to the seller's address, the delivery costs for a new delivery are to be borne by the customer. This also applies if the offer provides for free delivery. This free delivery only applies to the first shipment of the goods. A second shipment, for the reasons mentioned above, is to be borne by the consumer.
§ 5 Payment
(1) Payment of the purchase price is due upon conclusion of the contract.
(2) The payment is made after selection by the buyer by advance payment in the form of bank transfer or by PayPal
§ 6 Retention of title / transfer of risk
(1) The goods remain the property of the supplier in any case until full payment has been made.
(2) For private customers, the risk of transport is assumed by the seller. For customers who are entrepreneurs, the risks and dangers of shipment are also transferred to the customer from the time the goods are handed over by the seller to the commissioned logistics partner.
§ 7 Returns / Right of revocation
(1) In case of returns within the scope of the right of revocation, you shall bear the direct costs of returning the goods.
(2) You will find all information on the right of revocation, revocation consequences and a non-binding sample revocation form at the end of each item description.
(3) Note on returns (packaging).
Please avoid damage and contamination of the goods and return them in their original packaging if possible. If the original packaging is no longer usable, please ensure sufficient protection against transport damage with suitable packaging.
§ 8 Warranty for material defects, guarantee
(4) The Provider shall be liable for material defects in principle in accordance with the provisions applicable to such defects, in particular §§ 434 ff, §§ 474 ff. BGB. We ask the customer to complain about any defects immediately to us.
(5) Guarantees only exist if they are expressly stated in the order confirmation of the supplier for the respective goods.
§ 9 Liability for damages
(1) The provider is always liable for damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(2) For simple negligence, the provider is liable only in the event of a breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. In this case, however, the liability is limited to damages that the provider typically had to expect according to the circumstances known at the time of the conclusion of the contract.
(3) The aforementioned limitation of liability shall not apply if the Provider has assumed a guarantee for the quality of the goods as well as for damages which are to be compensated according to the Product Liability Act and for damages to life, body or health.
§ 10 Storage of contract text
(1) The complete text of the contract is not stored by us. Only the order data will be stored which are transmitted to us by Etsy and/or PayPal.
With your registration at Etsy and/or PayPal our customers have agreed that the contract text is archived at Etsy and can be viewed by the customer at any time via his password protected customer account at Etsy. This can be accessed via "My Etsy" "My purchases" and the respective order number. Within the order you can get back to the article description and article characteristics by clicking on the article number and there again it is possible to print out the information of the same name by clicking on the menu item "Imprint, Terms & Conditions & Returns". By clicking on the button "Printable View" a window with the imprint, the terms and conditions and the cancellation or return instructions opens. This window can be printed out via your browser and the "Print" button or saved via the "Save" button.
We therefore recommend our customers to print or electronically archive the contract texts. Likewise, each article page takes you directly to the imprint, the general terms and conditions and the seller's instructions for cancellation or return. To do this, simply click on the "AGB" button, which can be found on the top right of the article page.
(2) After your purchase you will receive an email with the content of your order, the total costs including shipping costs, the payment method, the imprint, the seller's terms and conditions and the cancellation or return policy. We recommend to print or save these data.
§ 11 Data protection notice
(1) By registering with Etsy, you have already agreed to the Etsy privacy policy. By registering with PayPal or Sofortüberweisung you have already agreed to the privacy policy of PayPal or Sofortüberweisung. You have confirmed that Etsy may transfer personal data of the customer (first name, last name, address, e-mail address, member name, etc.) to the seller upon conclusion of the contract. You have given the same consent regarding the sending of your personal data (including delivery address) when paying via PayPal or Sofortüberweisung by your successful registration at PayPal or Sofortüberweisung.
(2) The collection of personal data is exclusively for the fulfillment and processing of own business purposes within the scope of the contractual relationship concluded via the sales platform Etsy.
Personal data will only be passed on to third parties that are involved in the contract processing (e.g. logistics companies). In these cases, the extent of the transfer of personal data is limited to a necessary minimum.
(3) The customer's data will be stored by the seller with regard to the tax and commercial law retention periods and deleted after the expiry of this period.
(4) Within the framework of the basic data protection regulation, you have the right to receive information about your stored data free of charge at any time, as well as the right to correction, deletion or blocking or restriction of processing. You also have the right to object to the processing and the right to data transferability.
(5) Responsible contact person for data protection and data processing
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consents granted, please contact us directly:
Sandra Wiener
Mühlenweg 3
86424 Dinkelscherben
e-Mail: apfelbluete-shop@online.de
Phone: (0049) 8292 3719807
(Responsible persons in the sense of the basic data protection regulation)
(6) If you have agreed to receive newsletters, your e-mail address will be stored and used for this purpose exclusively for our own advertising purposes for sending newsletters. By agreeing to receive our newsletter, you agree that Etsy may evaluate your usage behavior with regard to the newsletter and provide us with this data to improve the newsletter. Your declaration of consent to be submitted in this regard reads: "I would like to subscribe to the following newsletter(s) and agree that Etsy evaluates my usage behavior with regard to the newsletter and provides the vendor with this data to improve the newsletter". You can unsubscribe from the newsletter at any time. Please contact apfel-bluete@online.de directly or order the newsletter from Etsy, at: "My Etsy", "Saved sellers", "Other actions - edit list of saved sellers". Your e-mail address will then be deleted from our newsletter subscriber list.
§ 12 Rights and legal venue
(1) The Seller is not subject to codes of conduct not mentioned above.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) The contract remains binding in its remaining parts even if individual points are ineffective.
(4) Augsburg shall be deemed agreed as the place of jurisdiction if the customer is a merchant.
