Imprint/ Cancellation policy/ Sample cancellation form/
General Terms and Conditions and Customer Information/ Privacy Policy
Imprint
Legal provider identification:
Alvia Dervishaj
Terracotta & Sun
Rotbuchenstr. 26
81547 München
Germany
phone: 017675650768
e-mail: alvia.dervishaj@gmail.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
Right of withdrawal for the sale of goods
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 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 goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on 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, if you have ordered several goods as part of a single order and these are delivered separately;
- on 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 partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;
In order to exercise your right of withdrawal, you must inform me (Alvia Dervishaj, Rotbuchenstr. 26, 81547 München, phone no.: 017675650768, e-mail address: alvia.dervishaj@gmail.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, I shall reimburse you all payments I 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 cheapest standard delivery offered), without undue delay and at the latest within 14 days from the day on which I received the notification of your revocation of this contract. For this repayment, I 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 any fees because of this repayment.
I may refuse repayment until I 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 Alvia Dervishaj, Rotbuchenstr 26, 81547 München without delay and in any case no later than 14 days from the day on which you notify me of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods which 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;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back).
- To Alvia Dervishaj, Rotbuchenstr. 26, 81547, Munchen e-mail address: alvia.dervishaj@gmail.com :
- 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 the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication) - Date
(*) Delete where not applicable.
General Terms and Conditions and Customer Information/Data Protection Statement I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with me as a provider (Alvia Dervishaj) via the Internet platform Etsy. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by me on Etsy, the activation of the offer page on Etsy is the binding offer to conclude a contract under the conditions contained in the article page.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After selecting the payment method and calling up the page "Proceed to checkout" or "Pay with PayPal", the personal data and the payment method-related data are entered. Finally, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal or Sofortüberweisung) as payment method, you will first be redirected to the website of the instant payment system provider. Finally, you will be redirected back to Etsy to the order overview page.
Before submitting the order, you have the opportunity to check all the information again on the order overview page, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide me with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify me against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) I do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as stated in the respective item description, you will receive a draft correction from me, which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing me of any errors. I do not accept any liability for errors that have not been objected to.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods remain my property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify me and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not conflict with the mandatory of the state of the consumer's habitual residence is not withdrawn (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Alvia Dervishaj
Rotbuchenstr. 26
81547 Müchen
Germany
Phone: 017675650768
E-mail: alvia.dervishaj@gmail.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
4. prices and payment modalities
4.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
4.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on the website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
4.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
4.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
4.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5. delivery conditions
5.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on the website or in the respective offer.
If no other period is specified in the respective offer or under the correspondingly designated button, the delivery of the goods will take place within 1-5 days after conclusion of the contract (in the case of agreed advance payment, however, only after the time of your payment instruction).
5.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
6. legal liability for defects
The liability for defects is governed by the provision "Warranty" in the General Terms and Conditions (Part I).
last update: 19.04.2021
