**Terms and Conditions & Cancellation Policy**
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**General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Cancellation Form**
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**Table of Contents**
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A. General Terms and Conditions with Customer Information
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1. Scope of Application
2. Formation of Contract
3. Right of Cancellation
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights for Digital Content
7. Reservation of Ownership
8. Liability for Defects
9. Applicable Law
10. Alternative Dispute Resolution
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
3. Data Processing for Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to Etsy's Data Protection Declaration
7. Tools and Miscellaneous
C. Cancellation Policy
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1. Right of Cancellation
2. Consequences of Cancellation
3. Exclusion or Premature Expiry of the Right of Cancellation
D. Cancellation Form
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**A. General Terms and Conditions with Customer Information**
1) **Scope of Application**
1.1 These General Terms and Conditions (hereafter "GTC") of Maximilian Löber, trading as "Maximilian Löber" (hereafter "Seller"), apply to all contracts concerning the delivery of goods that a consumer or entrepreneur (hereafter "Customer") concludes with the Seller regarding the goods presented by the Seller on the Internet trading platform Etsy (hereafter "Etsy"). The inclusion of the Customer's own conditions is objected to unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the provision of digital content unless otherwise regulated. Digital content within the meaning of these GTC are data created and provided in digital form.
1.3 Consumer, for the purpose of these GTC, is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
1.4 An entrepreneur, for the purpose of these GTC, is a natural or legal person or a partnership with legal capacity who acts in the exercise of his trade, business or profession when entering into a legal transaction.
2) **Formation of Contract**
2.1 By posting an item on Etsy, the Seller makes a binding offer to sell this item.
2.2 The Customer may accept the Seller's offer via the online order form provided by Etsy. For this purpose, 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 the button that concludes the order process, the Customer declares the acceptance of the offer, thereby forming a purchase contract for the goods previously selected.
2.3 The contract text is saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the conclusion of the contract, along with these GTC and customer information. The Seller does not make the contract text accessible beyond this.
2.4 Before bindingly submitting 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 may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct his inputs via the usual keyboard and mouse functions during the electronic ordering process before the binding submission of the order.
2.5 The contract language is exclusively German.
3) **Right of Cancellation**
3.1 Consumers generally have a right of cancellation.
3.2 Detailed information on the right of cancellation is provided in the Seller's cancellation policy.
3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) **Prices and Payment Conditions**
4.1 The prices stated by the Seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which shall 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 arise in relation to money transfers 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 options will be communicated to the customer in the seller's offer on Etsy.
4.4 When paying via a payment method offered through the "Etsy Payments" service, the payment processing is conducted through Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereafter "Etsy UC") or - if the payment is made in US dollars or Canadian dollars - through Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereafter "Etsy Inc."). Etsy UC or Etsy Inc. allows the customer to use various payment methods during the processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services for processing payments. The specific payment method(s) available for the particular product will be displayed to the customer in the seller's offer or during the order processing. Further information and the terms of use for Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If "PayPal" is selected as the payment method, the payment processing will be conducted through 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, available at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires the customer to open or already have a PayPal account.
5) Delivery and Shipping Terms
5.1 The delivery of goods is made via shipping to the delivery address specified by the customer unless otherwise agreed. During the transaction, the delivery address specified in the order process on Etsy is decisive.
5.2 If the delivery of the goods fails due to reasons the customer is responsible for, the customer bears the reasonable costs incurred to the seller. This does not apply to the costs for sending if the customer effectively exercises their right of withdrawal. In the case of an effective exercise of the right of withdrawal by the customer, the regulation made in the seller's withdrawal instructions applies to the return costs.
5.3 The seller reserves the right to withdraw from the contract in cases of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the counterperformance will be refunded immediately.
5.4 Digital content is provided to the customer as follows:
- by download
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description from the seller on Etsy, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 The transfer of 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 the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when the customer has paid the due remuneration in full. The seller may allow the use of the contractual content before this time on a provisional basis. A transfer of rights does not occur through such provisional permission.
7) Reservation of Ownership
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects
8.1 Unless otherwise stipulated below, the provisions of statutory liability for defects apply. However, in the case of contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.3 The liability limitations and reduction of limitation periods stipulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods used in accordance with their usual application for a building and have caused its defectiveness,
- if the seller has a duty to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for a possible recourse claim remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to meet the notification obligations regulated there, the goods are considered approved.
8.6 If the customer acts as a consumer, they are requested to report any obvious transport damages to the carrier and inform the seller accordingly. If the customer fails to comply, this has no effect on their statutory or contractual claims for defects.
9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws about the international purchase of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the contract's conclusion and whose sole residence and delivery address are outside the European Union at the time of the contract's conclusion.
10) Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution (ODR), accessible via the following link: ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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**B. Information on Data Protection**
1) Information about the Collection of Personal Data and Contact Details of the Controller
1.1 We are glad that you are visiting our Etsy presence (hereinafter "website") and thank you for your interest. Hereinafter, we inform you about the handling of your personal data when using our website. Personal data here are all data with which you can be personally identified.
1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Maximilian Löber, Birkenstraße 13b, 10559 Berlin, Germany, Tel.: 017634459248, Email: ml_blackshadow@web.de. The controller 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.
1.3 The controller has appointed a data protection officer, who can be reached as follows: "Maximilian Löber, Birkenstraße 13b, 10559 Berlin, 017634459248, info@selfbondage-shop.com"
2) Contacting
When contacting us (e.g., via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to 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 according to Art. 6 Para. 1 lit. f GDPR. If your contact aims at concluding a contract, then additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after final processing of your inquiry; this is the case if it can be inferred from the circumstances that the concerned matter has been fully clarified and provided that there are no legal storage obligations to the contrary.
3) Data Processing for Order Handling
3.1 To the extent necessary for contract management and payment purposes, the personal data collected by us are transmitted to the transport company commissioned with the delivery and the commissioned credit institution, as per Art. 6 Para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or digital products on the basis of a contract, we process the contact data transmitted by you during the order (name, address, email address) to inform you personally about upcoming updates within the legally prescribed period via suitable communication channels (such as by mail or email). Your contact data is strictly used for notifications about updates we owe and processed only to the extent necessary for this information.
For the handling of your order, we also work together with the following service provider(s) who support us wholly or partly in the execution of concluded contracts. Certain personal data is transmitted to these service providers according to the following information.
3.2 The processing of orders is carried out via the service provider "Billbee" (Billbee GmbH, Arolser Str. 10, 34477 Twistetal). Name, address, and possibly other personal data are provided according to Art. 6 Para. 1 lit. b GDPR exclusively for the handling of the online order to Billbee. Your data is only transmitted to the extent necessary for the processing of the order. Details on Billbee's privacy policy and Billbee's privacy policy can be found on the website of Billbee at "billbee.io".
3.3 When using the payment method "Etsy Payments," payment processing is carried out through Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC"), unless the payment is made in US dollars or Canadian dollars. In this case, the payment processing is carried out through Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as "Etsy Inc."). The transfer is carried out in accordance with Article 6(1)(b) GDPR and only to the extent necessary for payment processing.
For further data protection information, please refer to the Etsy Privacy Policy: etsy.com/de/legal/privacy/
3.4 When paying by credit card via PayPal or by direct debit via PayPal, we transfer your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer is made in accordance with Article 6(1)(b) GDPR and only to the extent necessary for the payment processing.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive rights (rights to access and intervention) against the controller regarding the processing of your personal data, which we will inform you about below:
- Right of access by the data subject according to Article 15 GDPR: You have a right to access information about your personal data processed by us, the purposes of the processing, the categories of processed data, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria used to determine the storage period, the right to rectification, erasure, restriction of processing, to object to processing, to lodge a complaint with a supervisory authority, the source of your data if it was not collected from you, 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, as well as your right to be informed about the guarantees according to Article 46 GDPR in case of data transfer to third countries;
- Right to rectification according to Article 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 erasure according to Article 17 GDPR: You have the right to demand the erasure of your personal data if the conditions of Article 17(1) GDPR are met. However, this right does not exist in particular if the processing is necessary to exercise the right of 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 according to Article 18 GDPR: You have the right to request the restriction of processing your personal data as long as the accuracy of your data contested by you is being verified, if you refuse to delete your data due to unauthorized data processing and instead request the restriction of the processing of your data, if you need your data for the assertion, exercise or defense of legal claims after we no longer need this data after achieving the purpose, or if you have lodged an objection for reasons arising from your particular situation, as long as it has not yet been determined whether our legitimate reasons prevail;
- Right to information according to Article 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, he/she is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure 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 according to Article 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 the transfer to another controller, insofar as this is technically feasible;
- Right to withdraw consent according to Article 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 immediately delete the affected data, 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 according to Article 77 GDPR: If you believe that the processing of personal data relating to you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your residence, place of work or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
If we process your personal data as part of a balancing of interests due to our overriding legitimate interest, you have the right at any time, for reasons arising from your particular situation, to object to this processing with effect for the future. If you exercise your right to object, we will stop processing the data concerned. However, we reserve the right to continue processing if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights and freedoms, or if the processing is for the establishment, exercise, or defense of legal claims. If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such advertising. You may exercise the objection as described above. If you exercise your right to object, we will stop processing the data concerned for direct marketing purposes.
5) Duration of the storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing, and, if applicable, additionally by the respective legal retention period (e.g., commercial and tax retention periods). Personal data processed on the basis of explicit consent according to Art. 6 Para. 1 lit. a GDPR will be stored until the data subject revokes their consent. If there are legal retention periods for data processed within the framework of contractual or quasi-contractual obligations based on Art. 6 Para. 1 lit. b GDPR, these data are routinely deleted after the retention period expires, unless they are still necessary for the performance of the contract or the initiation of a contract and/or there is no legitimate interest on our part in further storage. Personal data processed on the basis of Art. 6 Para. 1 lit. f GDPR will be stored until the data subject exercises their right to object according to Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims. Personal data processed for direct marketing purposes on the basis of Art. 6 Para. 1 lit. f GDPR will be stored until the data subject exercises their right to object according to Art. 21 Para. 2 GDPR. If the other information in this declaration about specific processing situations indicates otherwise, stored personal data will otherwise 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
For all other data processing beyond the data processing described above, the platform Etsy is responsible. You can view more information about Etsy's privacy practices in Etsy's privacy policy at: etsy.com/de/legal/privacy/?ref=ftr
7) Tools and Miscellaneous
- Lexoffice
For handling our accounting, we use the service of the cloud-based accounting software "lexoffice" from Haufe-Lexware GmbH & Co. KG, Munzinger Straße 9, 79111 Freiburg. Lexoffice processes incoming and outgoing invoices as well as possibly also bank movements of our company in order to automatically capture invoices, match them with transactions, and create financial accounting in a partly automated process. If personal data is also processed in this context, the processing is carried out according to Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in efficient organization and documentation of our business processes. You can find more information about lexoffice, the automated processing of data, and privacy policies at lexoffice.de/datenschutz/.
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C. Cancellation Policy
**Right of Cancellation**
You have the right to cancel this contract within fourteen days without providing any reason.
For contracts related to the delivery of goods, the cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the last goods.
For contracts related to the delivery of data not on a physical medium, which are made and provided in digital form (digital content), the cancellation period is fourteen days from the day the contract was concluded.
To exercise your right of cancellation, you must inform us (Maximilian Löber, Birkenstraße 13b, 10559 Berlin, Germany, Tel: 017634459248, Email: ml_blackshadow@web.de) with a clear declaration (e.g., a letter sent by post or email) of your decision to cancel this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right of cancellation before the cancellation period has expired.
**Effects of Cancellation**
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), immediately and no later than fourteen days from the day on which we receive the communication concerning your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
For contracts related to the delivery of goods, we may withhold the refund until we have received the goods back, or until you have provided evidence that you have returned the goods, whichever is earlier.
You must send back or hand over the goods to us immediately, and in any event no later than twenty-one days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the twenty-one days have expired.
You will bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods if the loss in value is due to a handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
**Exclusion or Premature Expiry of the Right of Cancellation**
The right of cancellation does not exist for contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of cancellation does not apply to consumers who are not members of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
The right of cancellation expires prematurely for contracts for the supply of digital content if we have started to perform the contract after you have expressly agreed that we begin performance before the end of the cancellation period, and you have confirmed to us your knowledge that you lose your right of cancellation by agreeing to the commencement of performance, and we have provided you with a confirmation of the contract including the content of the contract with the aforementioned conditions for the premature expiry of the cancellation right on a durable medium.
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D. Cancellation Form
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If you wish to cancel the contract, please fill out this form and send it back.
To
Maximilian Löber
Maximilian Löber
Birkenstraße 13b
10559 Berlin
Germany
Email: ml_blackshadow@web.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 if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate.
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**Copyright Notice**: These terms and conditions were created by the specialist attorneys of the IT Law Firm and are protected by copyright (https://www.it-recht-kanzlei.de)
As of: 14.10.2022, 10:55:13 Uhr
