General terms and conditions & cancellation policy
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Contents:
Part I: Terms and Conditions
Part II: Information on the consumer's right of withdrawal
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Part I - Terms and Conditions
§ 1 - Provider, inclusion of the General Terms and Conditions
(1) Vendor and contractual partner for the goods shown is Antje Hasemann, Am Busch 12, 03149 Forst, telephone +493562-984641, email hasemann.antje@kabel-net.de (hereinafter referred to as “vendor”).
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the items shown in his Etsy shop for sale. The color of the items on the website may vary slightly depending on the internet browser used and the customer's monitor settings; these deviations are technically never completely avoidable.
(2) The selection of goods, the conclusion of the contract and the execution of the contract take place in German.
(3) The customer selects the desired goods by placing them in the "shopping cart". If all the desired goods are there, the customer confirms this with the button "Proceed to checkout". The following page with the heading "Please confirm your order" shows the customer a summary of all his entries. The order request can be sent to the provider on this page via the "Pay now" button; If the customer uses the Klarna service (“Sofort.”) for payment, the order request is sent to the provider when the customer clicks on the “Continue” button on the “Confirm transaction” page. Until the order is sent, the customer has the option of correcting his entries at any time by going back one or more order steps in the browser, or canceling the order entirely.
(4) The provider submits a binding purchase offer for the items presented in his shop. By sending the order request via the "Pay now" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(5) The content of a concluded contract (contract text) is automatically saved by Etsy in the Etsy user accounts of the provider and the customer and can be viewed by the customer in his user account under "Purchases and reviews" in the "You" menu. After the conclusion of the contract, the customer also receives an e-mail from Etsy with the text of the contract. In addition, the provider does not save the text of the contract itself and does not make it accessible outside of the Etsy portal.
(6) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the provider will inform the customer by e-mail.
§ 3 - Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include the statutory sales tax.
(2) The shipping costs are listed in the respective product description in the "Shipping & Returns" section.
(3) The customer can pay by credit card (VISA, MasterCard, American Express). Other payment methods may also be available in the shopping cart, e.g. PayPal or Klarna ("Sofort.").
(4) Payments by the customer can be made on behalf of the provider by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland, or, if paying in US dollars or Canadian dollars, by Etsy Inc., 117 Adams Street, Brooklyn, NY, USA (hereafter “Etsy”). In this case, Etsy forwards the amount paid to the provider.
(5) The provider retains ownership of the delivered goods until the customer has paid the purchase price in full.
(6) Deliveries to countries outside the European Union may incur customs duties and import sales tax, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and cannot be influenced by the provider.
§ 4 – Right of Withdrawal
(1) An orderer who buys as a consumer has a right of withdrawal in accordance with the statutory conditions.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(3) The provider grants a consumer with a permanent residence outside of Germany a right of revocation in accordance with the above paragraphs even if the national law of the consumer does not provide for a right of revocation or if the revocation is subject to a shorter period or a stricter form than regulated here.
§ 5 – Warranty (Liability for Defects)
(1) For used goods, the parties agree on a one-year limitation period for warranty claims (liability rights for defects). However, the shortened limitation period does not apply to claims due to injury to life, limb or health, nor to claims due to other damages based on a grossly negligent or intentional breach of duty by the provider, his legal representatives or his vicarious agents.
(2) For the rest, the warranty claims (also called rights to liability for defects) are based on the statutory provisions.
§ 6 – Out-of-court settlement of disputes
(1) The EU Commission provides an online platform at ec.europa.eu/consumers/odr (OS platform) for the out-of-court settlement of disputes arising from a distance contract with a consumer.
(2) The provider is neither obliged nor willing to participate in an out-of-court consumer dispute resolution procedure.
§ 7 - Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with a permanent residence abroad, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract.
(2) Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
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Part II: Information on the consumer's right of withdrawal
Cancellation policy for goods delivered by post
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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 goods.
In order to exercise your right of cancellation, you must send us (Antje Hasemann, Am Busch 12, 03149 Forst, telephone +493562-984641, e-mail hasemann.antje@kabel-net.de) a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment 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 hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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Cancellation policy for digital content
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of cancellation, you must send us (Antje Hasemann, Am Busch 12, 03149 Forst, telephone +493562-984641, e-mail hasemann.antje@kabel-net.de) a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
Expiration of the right of withdrawal
Your right of withdrawal expires as soon as we have started to perform the contract, provided that you have expressly consented to us starting to perform the contract before the end of the cooling-off period and you have confirmed your knowledge that by consenting to commencement You lose your right of withdrawal after the execution of the contract.
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Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
- To Antje Hasemann, Am Busch 12, 03149 Forst, email hasemann.antje@kabel-net.de:
- I/we (﹡) hereby revoke 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 consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
(﹡) Delete where not applicable.
