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General terms and conditions with customer information & cancellation policy & cancellation form & information on data protection
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Table of contents
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A. Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Delivery of Content
6. Grant of Rights of Use
7. Liability for Defects
8. Governing Law
9. Alternative Dispute Resolution
B. Cancellation policy
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1 Introduction
2. Right of Withdrawal
3. Consequences of revocation
4. Expiration of the right of withdrawal
C. Withdrawal Form
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D. Privacy Information
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1. Information about the collection of personal data and contact details of the person responsible
2. Contact
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
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A. Terms and Conditions with Customer Information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Diehl/Normann GbR (hereinafter "entrepreneur") apply to all contracts for the provision of data that are created and provided in digital form (digital content) that a consumer or entrepreneur ( hereinafter "customer") with the entrepreneur regarding the digital content described by the entrepreneur on the Internet trading platform Etsy. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 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 their commercial or independent professional activity.
2) Conclusion of contract
2.1 By listing an item on Etsy, the entrepreneur makes a binding offer to provide the digital content.
2.2 The customer can accept the entrepreneur'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 cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares acceptance of the offer, which results in a contract for the content previously selected by the customer.
2.3 The text of the contract is saved by the entrepreneur after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The entrepreneur does not make the contract text accessible beyond this.
2.4 Before submitting 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of Withdrawal
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur's instructions on withdrawal.
4) Prices and terms of payment
4.1 The prices given by the entrepreneur are total prices and include the statutory sales tax.
4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the entrepreneur is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are specified in the entrepreneur's offer on Etsy.
4.4 When paying using a payment method offered via the "Etsy Payments" payment service, payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if payment is made in US dollars or Canadian dollars - via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America America (hereinafter “Etsy Inc.”). Etsy UC or Etsy Inc. enables the customer to use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The concretely available payment method(s) is/are displayed to the customer in the respective offer of the entrepreneur or as part of the order processing. More information about Etsy Payments and the terms of use are available here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery of Content
Digital content is provided to the customer by email or download.
6) Granting of Rights of Use
6.1 Unless otherwise stated in the entrepreneur's description of the content, the entrepreneur grants the customer the non-exclusive right, unlimited in terms of location and time, to use the content for private and commercial purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the entrepreneur 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 only becomes effective when the customer has paid the contractually owed remuneration in full. The entrepreneur can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Liability for defects
The statutory liability for defects applies.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.
9.2 The entrepreneur is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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B. Cancellation policy
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Introduction
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (Diehl/Normann GbR, Toskewieker Weg 43, 26683 Saterland, Germany, Tel.: 016099697331, E-Mail: nico@naduwu.de) a clear statement (e.g. a letter with the letter sent by post or e-mail) 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 (with the exception of 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
The right of withdrawal expires prematurely if we have started to fulfill the contract after you have expressly agreed that we will start to fulfill the contract before the end of the withdrawal period, you have confirmed to us that you are aware that you lose your right of withdrawal by agreeing to the start of the contract , and we have provided you with a confirmation of the contract on a durable medium, in which the content of the contract, including the aforementioned requirements for the premature expiration of the right of cancellation, is reproduced.
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C. Withdrawal Form
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If you want to revoke the contract, please fill out this form and send it back.
At
Diehl/Norman GbR
Toskewieker Weg 43
26683 Saterland
Germany
Email: nico@naduwu.de
I/we (*) hereby revoke 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 consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is on paper)
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Date
(*) Delete where not applicable
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D. Privacy Information
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1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our Etsy website (hereinafter "website") and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Diehl/Normann GbR, Toskewieker Weg 43, 26683 Saterland, Germany, Tel.: 016099697331, email: nico@naduwu.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
2) Contact
When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
3) Data processing for order processing
3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institute as part of the payment process, provided this is necessary for the payment process. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 (1) (b) GDPR.
3.2 When using the Etsy Payments payment method, payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For more information on data protection law, please refer to Etsy's data protection declaration: etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to information about the guarantees under Art. 46 GDPR when your data is forwarded to third countries;
- Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the correctness of your data, which you dispute, is checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible ;
- Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State where you live, work or where the alleged infringement took place.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When processing personal data on the basis of Article 6 Paragraph 1 Letter f GDPR, this data will be stored until you exercise your right of objection in accordance with Article 21 Paragraph 1 GDPR, unless we can provide compelling reasons worthy of protection prove the processing that outweighs your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 (1) (f) GDPR, this data will be stored until you exercise your right of objection under Article 21 (2) GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. For more information about Etsy's privacy policy, see Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
