General Terms & Cancellation policy
General Terms and Conditions with Customer Information & Cancellation Policy & Cancellation Form & Privacy Information
Table of contents
A. General Terms and Conditions with Customer Information 1
. scope of application
2. conclusion of contract
3. right of revocation
4. remuneration
5. provision of content
6. granting of rights of use
7. liability for defects
8. applicable law
9. alternative dispute resolution
B. Cancellation Policy
. right of cancellation
2. consequences of cancellation
3. expiry of the right of cancellation
C. Cancellation form
D. Information on data protection
2. contact
3. data processing for order handling
4. rights of the person concerned
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
A. General Terms and Conditions with Customer Information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sonja Bieler (hereinafter "Licensor"), apply to all contracts for the delivery of data not located on a physical data carrier, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject matter of the contract is the transfer of the digital content offered by the Licensor to the Licensee in electronic form under the granting of certain rights of use regulated in more detail in these GTC.
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. 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 independent professional activity.
2) Conclusion of Contract
2.1 By posting an item on Etsy, the Licensor makes a binding offer to sell the digital content.
2.2 The Licensee may accept the Licensor's offer via the online order form provided by Etsy. To do so, the Licensee 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 Licensee declares acceptance of the offer, whereby a contract for the content previously selected by the Licensee is concluded.
2.3 The text of the contract shall be stored by the Licensor and sent to the Licensee 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 Licensor itself shall not make the text of the contract accessible beyond this.
2.4 The Licensee may correct his entries before submitting his order using the technical means provided by Etsy. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the Licensor's revocation policy.
4) Remuneration
4.1 For the granting of rights to the respective content, the Licensor shall receive a flat-rate license fee, the amount of which is specified in the respective item description.
4.2 The prices stated by the Licensor are total prices. Sales tax is not shown, as the Licensor is a small entrepreneur within the meaning of § 19 (1) UStG.
4.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Licensor is not responsible and which shall be borne by the Licensee. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 Various payment options are available to the Licensee, which are specified in the Licensor's offer on Etsy.
4.5 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 dollars or Canadian dollars - via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc"). Etsy UC or Etsy Inc. allows Licensee to use various payment methods as part of the payment processing through 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 licensor or in the context of the order processing. Further information on and the terms of use of Etsy Payments can be found here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
4.6 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
5) Provision of the content
The provision of the content is exclusively in electronic form by e-mail or download.
6) Granting of rights of use
6.1 Unless otherwise stated in the Licensor's description on , the Licensor shall grant the Licensee the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC shall not be permitted unless the Licensor has agreed to a transfer of the license under the contract to the third party.
6.3 The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The Licensor 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) Liability for defects The
statutory liability for defects shall apply.
8) Applicable Law The
law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase 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.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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.
9.2 The Licensor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
B. Cancellation Policy
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Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Sonja Bieler, Oskar-von-Miller-Strasse 40, 60314 Frankfurt, Germany, Tel.: 0261/1339927, e-mail: hallo@mediamojo.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 notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of 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 cheapest standard delivery offered by us), without undue delay and at the latest 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.
Expiration of the Right
of Withdrawal The right of withdrawal shall expire prematurely if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed to us your knowledge that you lose your right of withdrawal by your consent with the start of the execution of the contract.
C. Cancellation Form
If
To
Sonja Bieler
Oskar-von-Miller-Strasse 40
60314 Frankfurt
Germany
E-mail: hallo@mediamojo.de
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 o__________________n (*)
Name
of consumer(s)
Address of the consumer(s)
Signature
Date
(*) Delete as applicable
D. Information on data protection
1) Information on the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our Etsy presence (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 in this context 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 (DSGVO) is Sonja Wolf, Oskar-von-Miller-Strasse 40, 60314 Frankfurt, Germany, Tel.: 0261/1339927, e-mail: hallo@mediamojo.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.
2) Contacting
In the context of contacting us (e.g. via contact form or e-mail), personal data are collected, which these are, you can see from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention 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 processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we inform explicitly about this below. The legal basis for the transfer of data is here Art. 6 para. 1 lit. b DSGVO.
3.2 When using the payment method Etsy Payments, the payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in the currencies US dollars or Canadian dollars. In this case, payment processing is carried out via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201 , United States of America (hereinafter: Etsy Inc). The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
For further data protection information, please refer to the Etsy privacy policy: https://www.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 of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right of access pursuant to Art. 15 DSGVO: In particular, you have the right to obtain information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have 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 has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable. meaningful information about the logic involved and the implications for you and the intended effects of such processing, as well as your right to be informed about what guarantees exist in accordance with Art. 46 DSGVO when your data is transferred to third countries;
- Right to rectification in accordance with Art. 16 DSGVO: You have a right to immediate correction of incorrect data relating to you and/or completion of your incomplete data stored by us;
- Right to erasure pursuant to Art. 17 DSGVO: You have the right to demand the erasure of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to 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 DSGVO: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified, if you refuse the erasure of your data due to unlawful 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 the purpose has been achieved or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
- Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have 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 pursuant to Art. 20 DSGVO: 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 revoke consent given pursuant to Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes 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 of your residence, workplace or the place of the alleged infringement.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
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 PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. 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 storage of personal data
The duration of storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, 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 Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise 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 on Etsy's data protection, please refer to Etsy's privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr.
Copyright notice: These terms and conditions were created by the specialist lawyers of IT-Recht Kanzlei under the DOCID: ##ITK-fea89796bf5340bf94095bcc0bbe08d3## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 202101260748