Terms and Conditions & Cancellation Policy
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General Terms and Conditions & Information on Data Protection & Cancellation Policy & Cancellation Form
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Table of Contents
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A. General Terms and Conditions
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
9. Applicable Law
10. Alternative Dispute Resolution
11. Code of Conduct
B. Information on data protection
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1. Information on the collection of personal data and contact details of the controller
2. Contacting us
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
C. Cancellation policy
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1. Introduction
2. Right of cancellation
3. Consequences of cancellation
4. Exclusion or premature expiry of the right of cancellation
D. Cancellation form
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A. General Terms and Conditions
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Lorenz Rauch, trading under the name “Bavarian Heritage” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods displayed by the Seller on the Etsy online trading platform (hereinafter referred to as “Etsy”). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 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 their independent professional activity.
1.4 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 entering into 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 seller makes a binding offer to sell that item.
2.2 The customer can accept the seller's offer using 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 follow the order steps specified by Etsy. By clicking on the button that completes the order process, the customer declares their acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the customer.
2.3 The contract text is stored by the seller and sent to the customer in text form (e.g., email, fax, or letter) after conclusion of the contract, together with these General Terms and Conditions and customer information. The seller does not make the contract text available in any other way.
2.4 Before placing a binding order, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries before placing a binding order as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
2.6 The following languages are also available for the conclusion of the contract:
- English
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not applicable, as the seller is exempt from sales tax as a small business owner. Any additional delivery and shipping costs are specified 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 must be borne by the customer. These include, for example, costs for money transfers 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 payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.4 When paying using a payment method offered via the “Etsy Payments” payment service, payment processing is handled 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, by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter “Etsy Inc.”). Etsy UC or Etsy Inc. allows the customer to use various payment methods when processing payments via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or during the order process. Further information on Etsy Payments and its terms of use can be found 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.
4.6 If you select the payment method “PayPal,” payment will be 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 paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer. The delivery address specified in the order process on Etsy is decisive for the processing of the transaction.
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 to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event 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 Vouchers are provided to the customer as follows:
- by download
- by email
6) Retention of title
If the seller makes advance delivery, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for warranty rights is one year from delivery of the goods;
- for used goods, warranty rights are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The above limitations of liability and reductions in time limits shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.5 If the customer is acting as a consumer, they are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer requirements in addition to delivering the goods, 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 the operator the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.
8.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. 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 shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
8.3 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 applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
8.3 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 applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11) Code of conduct
The seller has submitted to the conditions of participation for the e-commerce initiative “Fairness in Trade,” which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.
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B. Information on data protection
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1) Information about the collection of personal data and contact details of the controller
1.1 We are delighted that you are visiting our Etsy site (hereinafter referred to as the “website”) and thank you for your interest. Below, we provide information about how we handle your personal data when you use our website. Personal data is any data that can be used to identify you personally.
1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Lorenz Rauch, Bavarian Heritage, Weilheimer Str. 7, 82327 Tutzing, Germany, tel.: 0151 59112271, email: mail@lorenzrauch.de. The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Contacting us
When you contact us (e.g. via the contact form or email), we collect the personal data you provide us with. This data is stored and used exclusively for the purpose of processing your request and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in processing your request in accordance with Art. 6 (1) lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after your request has been processed, provided that there are no legal retention obligations to the contrary. We consider the processing of your request to be complete when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
3) Data processing for order fulfillment
3.1 Insofar as necessary for the fulfillment of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when placing your order in order to inform you personally within the scope of our legal information obligations in accordance with Art. 6 (1) lit. c GDPR. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us to the extent necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
3.2 When using the Etsy Payments payment method, payment processing is carried out 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 dollars. In this case, payment processing is carried out by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer is carried out in accordance with Art. 6 (1) lit. b GDPR and only to the extent necessary for payment processing.
For further information on data protection, please refer to Etsy's privacy policy: etsy.com/de/legal/privacy/
3.3 When paying by credit card via PayPal or by direct debit via PayPal, we will pass on your payment details to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment process. The transfer is carried out in accordance with Art. 6 (1) lit. b GDPR and only to the extent necessary for payment processing.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive rights as a data subject (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we will inform you about below:
- Right of access pursuant to Art. 15 GDPR: In particular, you have the right to obtain 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, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us from you, the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved and the significance and intended effects of such processing on you, as well as your right to be informed of the guarantees that exist in accordance with Art. 46 GDPR when your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have the right to have inaccurate data concerning you rectified without delay and/or to have incomplete data stored by us completed.
- Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the conditions of Art. 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data for as long as the accuracy of your data is being verified if you refuse to have your data deleted due to unlawful 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 to fulfill the purpose, or if you have lodged an objection for reasons relating to your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh yours;
- Right to be informed pursuant to Art. 19 GDPR: If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request its transfer to another controller, insofar as this is technically feasible.
- Right to withdraw consent pursuant to Art. 7(3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- 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 the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work, or the place of the alleged violation, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNING YOU FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing and, if relevant, additionally by the respective statutory retention period (e.g., commercial and tax law retention periods).
When processing personal data on the basis of express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.
If there are statutory retention periods for data that is processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer necessary for the fulfillment or initiation of a contract and/or we no longer have a legitimate interest in its continued storage.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data will be stored until you exercise your right to object under Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override 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 marketing on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until you exercise your right to object under Art. 21 (2) GDPR.
Unless otherwise specified in the other information in this statement regarding specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was 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, please see Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr.
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C. Cancellation policy
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Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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 last goods.
To exercise your right of withdrawal, you must inform us (Lorenz Rauch, Bavarian Heritage (c/o cocenter), Koppoldstr. 1, 86551 Aichach, Germany, Tel.: 0151 59112271, email: mail@lorenzrauch.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts.
The right of withdrawal does not apply to contracts for the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
The right of withdrawal expires prematurely in the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
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D. Withdrawal form
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If you wish to withdraw from the contract, please fill out this form and send it back.
To
Lorenz Rauch
Bavarian Heritage (c/o cocenter)
Koppoldstr. 1
86551 Aichach
Germany
Email: mail@lorenzrauch.de
I/we (*) hereby withdraw from 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 for paper notifications)
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Date
(*) Delete as applicable
