General Terms and Conditions with Customer Information & Information on Data Protection & Revocation Instructions & Revocation Form
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Table of Contents
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A. General terms and conditions with customer information
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1. scope of application
2. conclusion of contract
3. right of revocation
4 Prices and terms of payment
5. terms of delivery and dispatch
6 Retention of title
7. liability for defects
8. special conditions for the processing of goods according to certain specifications of the customer
9 Applicable law
10 Alternative Dispute Resolution
B. Information on data protection
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1. collection, processing, use and disclosure of personal data
2nd social plugins
3 Your rights and contact
C. revocation instruction
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1. right of revocation
2 Consequences of the revocation
3. exclusion or premature expiry of the right of revocation
D. revocation form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Cristina Winter, acting under "ROTETULPE" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with respect to the goods represented by the Seller on the Internet trading platform Etsy (hereinafter "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions 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 self-employed professional activity.
2) Conclusion of contract
2.1 By posting an item with Etsy, the seller makes a binding offer to sell this item.
2.2 The customer can accept the seller's offer via the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping basket at Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract is concluded for the goods previously selected by the customer.
2.3 The text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these general terms and conditions and customer information after conclusion of the contract. The seller himself shall not make the text of the contract accessible beyond this.
2.4 Before placing 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 zoom function of the browser, with which the display on the screen is enlarged. The customer can correct his entries with the usual keyboard and mouse functions before placing a binding order as part of the electronic ordering process.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices. Value added tax is not shown, since the seller is a small business as defined by § 19 (1) UStG. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The customer has the following rights
4.3 The customer has various payment options at his disposal, which are specified in the seller's offer at Etsy.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "PayPal" is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has one.
4.6 For payments by "Etsy voucher" the voucher conditions of Etsy apply, available at https://www.etsy.com/de/help/article/3292.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in Etsy's order processing is decisive for the processing of the transaction.
5.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding this, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply
for objects which have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, as well as
in the event that the seller maliciously concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, in accordance with the contents of the contract, the seller is also responsible for the processing of the goods in addition to the delivery of the goods in accordance with certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.
8.2 The customer indemnifies the seller against claims of third parties which the seller may assert against the seller in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and legal costs in the statutory amount. 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 necessary for the examination of the claims and a defence in the event of a claim by a third party.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or insulting persons.
9) Applicable Right
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.
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B. Information on data protection
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1) Collection, processing, use and disclosure of personal data
1.1 We only collect personal data if you voluntarily provide it to us for contract processing. We use the personal data you provide on this occasion to process the contract and to process your enquiries.
1.2 We pass your data on to the transport company commissioned with the delivery within the framework of contract processing, insofar as this is necessary for the delivery of the goods.
1.3 When paying by credit card via PayPal or by direct debit via PayPal, we pass your payment data on to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, as part of payment processing.
1.4 After complete processing of the contract, your data will be stored with regard to tax and commercial retention periods, but blocked for other purposes and deleted after expiry of these periods, unless you have expressly consented to the further use of your data.
2) Social plugins
2.1 The Etsy pages use so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). When you visit one of our pages on Etsy which contains such a plugin, your browser establishes a direct connection to the Facebook servers.
The integration gives Facebook the information that your browser has called up the corresponding Etsy page, even if you do not have a Facebook profile or are not currently logged on to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately associate your visit to our Etsy pages with your Facebook profile. When you interact with the plugins, this information is also sent directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. For the purpose and scope of data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy, please refer to the Facebook data protection information: http://www.facebook.com/policy.php.
If you do not want Facebook to associate the information collected through our Etsy pages directly with your Facebook profile, you must log out of Etsy on Facebook before visiting our pages.
2.2 The Etsy sites use so-called social plugins ("Plugins") of the social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest"). If you visit one of our pages at Etsy which contains such a plugin, your browser establishes a direct connection to Pinterest's servers. The plugin transfers so-called protocol data to the Pinterest server in the USA. This log information may include the IP address, the address of sites visited that have pinterest functionality, the type and settings of the browser, the date and time of the request, your use of Pinterest, and cookies. Please refer to Pinterest's privacy policy for the purpose and scope of data collection and the further processing and use of the data by Pinterest and your rights and setting options for protecting your privacy: https://about.pinterest.com/de/privacy-policy.
3) Your rights and contact
You have a right to free information about your data stored by us and, if necessary, a right to correction, blocking or deletion of this data. For questions about collection, processing or use of your personal data you can contact us free of charge. You will find our contact address in our imprint.
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C. revocation instruction
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right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Cristina Winter, ROTETULPE, Frundsbergstr. 7, 80634 Munich, Germany, Tel.: 016091893805, E-Mail: rotetulpe.fair.fashion@gmx.de) by means of a clear declaration (e.g. a letter or E-Mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
In the case of contracts for the delivery of goods, we may refuse to 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 or surrender the goods to us immediately and in any case within twenty-one days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you dispatch the goods before the expiry of the twenty-one day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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D. revocation form
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If you wish to cancel the contract, please complete and return this form.
An
Cristina Winter
ROTETULPE
Frundsbergstrasse 7
80634 Munich
Germany
E-mail: rotetulpe.fair.fashion@gmx.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / Received on (*) ______________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if communicated on paper)
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date
(*) Delete as inappropriate
