A. General Terms and Conditions with Customer Information
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Nico Gibmeyer, trading as "Nico Gibmeyer" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur within the meaning of these GTC 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 placing an item on 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 on Etsy. For this purpose, the customer must first place the desired item in the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract shall be 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 shall not make the text of the contract accessible beyond this.
2.4 Before bindingly placing the order, the customer can recognize 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices stated by the Seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of 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 funds 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 payment option(s) will be communicated to the Customer in the Seller's offer on Etsy.
4.4 In case of payment by means of a payment method offered via the payment service "Etsy Payments", the payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies US Dollar or Canadian Dollar - via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc."). Etsy UC or Etsy Inc. enables the customer to use various payment methods as part of the payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may use the payment services of third parties. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or as part of the order processing. Further information on and the terms of use of Etsy Payments are available here: etsy.com/en/legal/etsy-payments/?ref=list
5) Delivery and shipping terms
5.1 Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Digital content is provided to the customer as follows:
by download
by e-mail
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the seller's DeepL description on Etsy, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects
8.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
the Seller shall have the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
in the case of used goods, the rights and claims for defects are excluded;
the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of the period shall not apply to
to claims for damages and reimbursement of expenses of the customer,
in the event that the Seller has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
for any existing obligation of Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.5 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.6 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to certain specifications of the Customer.
9.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the necessary rights of use for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular in the case of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, the revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In the case of contracts for the delivery of data that is not on a physical medium and that is produced and made available in digital form (digital content), the withdrawal period shall be fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us (Nico Gibmeyer, Nico Gibmeyer, Herzog-Wolfgang-Straße 35, 55590 Meisenheim, Germany, Tel.: +49 (0) 15772625268, e-mail: digitalpaperboutique@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 sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
In the case of contracts for the supply of goods, 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 the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within twenty-one days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of twenty-one days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of cancellation shall expire prematurely in the case of contracts for the provision of digital content if we have commenced performance of the contract after you have expressly agreed that we commence performance of the contract before the expiry of the cancellation period, you have confirmed to us that you are aware that you lose your right of cancellation as a result of your agreement with the commencement of performance of the contract, and we have provided you with a confirmation of the contract on a durable data medium in which the content of the contract is reproduced, including the aforementioned conditions for the premature expiry of the right of cancellation.
D. Cancellation form
If you wish to revoke the contract, please complete and return this form.
To
Nico Gibmeyer
Duke-Wolfgang-Strasse 35
55590 Meisenheim
Germany
E-mail: digitalpaperboutique@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 (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
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Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete where not applicable
