FOYAPersonalJewelry

Please note that our contractual language is German. This rough translation is for your information only - as we are not native English speakers, any translation errors are unintentional. The terms and conditions that any order placed with us are based upon are written in the German version which you can view by changing your language settings at the bottom of the page.

§1 General Terms
By placing your order with us, you agree to our terms and conditions which are listed below. Please read them carefully. If you do not agree with one or more terms, please do not place your order. We craft and ship items based on your acceptance of these terms and conditions which are valid and exclusive for all orders placed with the Stefan & Katja Boscheinen GbR (also called "FOYA" in the following text) in their current version at the date of order.

§2 Contract
Our contractual language is German. The items depicted in our Etsy shop "FOYA Personal Jewelry" are examples of particular jewelry shapes and sizes. Your own jewelry will look differently as it is custom-made with the individual prints you provide us with.
After entering your personal data and hitting the button "buy", you enter a legally binding contractual agreement with us in which you order the items placed in your shopping cart. You will receive an order confirmation from Etsy right after placing your order. The selling agreement is in place as soon as we have received your payment through Etsy.

§3 Prices
All prices are gross prices, i.e. they contain VAT and any other pricing elements. We reserve the right to change our prices without prior notice should this become necessary due to altered procurement conditions. Once new prices are in place, the old prices are not valid anymore. If an offer is limited, we will inform you about the obsolescence date.

For buyers in areas outside of the EU, additional taxes or customs charges may occur as soon as the shipment has reached the destination country. These charges and fees have to be covered by the buyer. We do not have any influence of these costs and cannot give you any information about their amount. Customs regulation varies strongly between countries, for further information, please contact your local customs office.

§4 Payment
In our Etsy shop, we offer payment through bank transfer and Paypal. Via Etsy Direct Checkout, you may also pay through credit or debit card as well as redeem Etsy gift vouchers.

§5 Returns and Cancellations
At FOYA, we want you to be happy with your jewelry. We craft your jewelry to the very best of our ability. Should you be unhappy with your items, please to contact us, we will try to find a quick and fair solution together with you.

German law requires us to inform you about your cancellation right. § 312g Abs. 1 Nr. 1 BGB states that there is NO return and cancellation right for goods that are made-to-order based on customer specifications. All FOYA jewelry is crafted with the individual prints you provide us with and are therefore explicitly custom made for you. Therefore, as long as the jewelry does not have any major flaws or deviates strongly from your specifications, there is NO return and cancellation right for any of our jewelry pieces. This also holds if you order a chain or leather band that is brought to a custom length specified by you (i.e. deviating from our standard lengths) or are personalized for you in any other way.

*** Cancellation right for non-personalized items

The following cancellation terms only hold for silver chains, bracelets, and leather bands in our standard lengths. You may also cancel your jewelry order if you have not yet deformed our print kit, which you receive from us after placing your order, in any way and can return it to us undamaged. Please note that this cancellation right only holds for consumers.

*** Cancellation Information

You have the right to cancel your order within 14 days of placing this order without having to name any reasons. These 14 days start as of the day you or a third person in your name receives the item from us.

In order to execute your cancellation right, please notify us in written form (either on paper or digitally) at

Stefan & Katja Boscheinen GbR, Vierhöfener Str. 6, 21441 Garstedt, Tel: 04173-5808198, eMail: info@foya.de

about your decision to cancel your order. You may use the form below or the paper form you receive with your print kit. We will confirm your cancellation as soon as possible. Please note that it is sufficient if you send us your cancellation within the 14 days as of receiving your item.

*** Consequences of Cancellation

If you cancel your order, we will refund your payment including shipping cost (unless you choose a shipping option other than our standard shipping that causes additional costs). You will receive your refund within 14 days of the time we receive your cancellation. If, within Germany you use the return postage we provide you with in your print kit shipment, we will deduct its value from your refund as, by law, it is your own responsibility to cover return shipping if you cancel your order. For your refund, we will use the same payment type that you used for your original order unless we have agreed explicitly to use a different payment type.

We can withhold the refund until we have received our item back or until you have provided us with proof that you have returned the item to us.

If you cancel your order, you have to send your item back to us immediately, but no later than 14 days after receiving it as of the day you inform us about your cancellation. You have to cover the return postage yourself. If we received the print kit back in a condition in which we cannot re-use it, you will have to cover its value in which case we will reduce your refund by the value of the print kit.
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*** Example Cancellation Form

If you wish you to cancel your order with us, please fill in this form and submit it to us via eMail at info@foya.de or through the Etsy message function.

I herewith cancel the order placed with FOYA relating to the following items:
........................................................................................

Order number: ...........................................................................................

Order date: ............................./ Received on: ............................................

Customer name: .....................................................................................

Customer address: .................................................................................


Date, Signature: .....................................................................................

________________________________________________________________

*** Complaints

Please note: each FOYA piece of jewelry is custom-made individually and crafted with a lot of work by hand. Therefore, small deviations in size, shape, order, and placement of prints and engravings compared to the images in our shop, as well as small irregularities in color and surface are possible. They consitute our jewelry's special charme and are no reason for complaints.

For all FOYA silver jewelry holds: silver is a natural material that may tarnish over time and through environmental influences (especially sulfur). We cannot accept complaints based on tarnishing since it is not a material or crafting fault but a normal chemical reaction that is outside of our influence. Please treat your jewelry carefully and remove stains with special silver cleaning solutions.

Please check your item immediately after receiving it. If you notice faults, errors, or any other reasons for complaint, please contact us within 48 hours of receiving your sipment. If we agree that you return the item to us, please wrap it carefully and send it trackable since we are not reponsibly for any damages or losses during transport. If there is an error on our side, we will reimburse you for the shipping cost if you provide us with a copy of your receipt.

For items that are damaged by you or the wearer of the jewelry, we cannot accept complaints and returns.

*** Cancellation due to unusable prints

If your prints are not usable for us, both parties (you and us) can agree to cancel your order. In this case, we will refund the jewelry price reduced by the costs for the print kit (5,- Euro per kit) and the incurred shipping costs. If you choose Paypal as the payment method and we agree on refunding your order based on the unsuability of your prints, we will reduce the refund by the incurred Paypal fees.

§6 Returns
Please avoide damages and contamination. Ideally, please ship you items in their original packaging back to us, including any additional parts and shipping materials. If you do not have the original packagin anymore, please use a suitable packaging the ensures that the items does not get damaged during the transport.

Please send the package insured and trackable and retain the shipment receipt until we have notified you that the package has arrived.

§7
We deliver to the address noted in your order, charging the costs for shipping and handling shown in your shoppoing cart. If you choose a particular type of shipment that causes higher costs (such as express shipping), you will have to cover these costs yourself. Errors and price chances may occur.

We can combine several orders into one delivery even if the orders are placed on different days. We may deliver in part, if necessary, of couse we will cover any additional cost.

The shipment risk is on our side until it has been delivered to you.

§9 Damaged Items
Pleae check the condition of your shipment directly when receiving it from the shipping company. It should not be opened, damaged or manipulated in any way. If this is the case, please note the damage in written form on the protocol of the deliverer. If you notice any damage only after receiving the package, please complain directly with the shipping company - this helps us state any claims with the deliverer. Your own rights for complaints or cancellation remain untouched.

If your item does not correspond to your specifications, please inform us within 48 hours after receiving it. If the fault or error is on our side, we may offer you to re-work it or to replace it. We have the right to refuse your chosen option if it would mean unreasonable effort for us. If re-working does not give the required results, you may request a discount or a cancellation of your order. If the flaws are only minor, you have no right to cancel your order. If we are to replace your item, you are required to send the faulty item back to us first. For items that is damaged by you or the wearer of the jewelry, we do not accept complaints and returns.

§10 Returns without flaws if you don't like your item
Since all FOYA jewelry is made-to-order based on your specifications and with the individual prints you provide us with, you cannot cancel your order or return it to us if there is no fault or major flaw to it.

§11 Warranty
We offer a warranty based on German law which allows you to choose between re-working or completely re-making your item. If re-working does not improve the item or is the re-made item faulty as well, you may cancel your order and receive a full refund or keep the item and receive a discount.

§12 Compensation and Liability
There is an accountability for deficiencies based on German law which we adhere to. We cannot be made accountable for damages caused by carelessness or negligence as long as our main contractual obligations are met.

§12 Ownership
Until we have received your full payment, the delivered items are owned by FOYA.

§13 Information on Data Protection

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our Etsy internet presentation (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 controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Stefan & Katja Boscheinen GbR, Lange Heide 16, 21444 Vierhöfen, Deutschland, Tel.: 04172-9789660, E-Mail: info@foya.de. The controller in charge of 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

In the context of contacting us (e.g. via contact form or e-mail), 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 for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.

3) Processing of Data for the Purpose of Order Handling

3.1 To process your order, we work together with the following service provider(s), which support us wholly or partially in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

3.2 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.

3.3 Orders are processed by the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data will be passed on to Billbee exclusively for processing the online order in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on if this is actually necessary for processing the order. Details regarding Billbee's privacy policy and Billbee's privacy policy can be found on Billbee's website at "billbee.de ".

3.4 When paying by credit card via PayPal or by direct debit via PayPal, we pass your payment data on 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 processing. The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as necessary for payment processing.

4) Rights of the Data Subject

4.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:

- Right of access by the data subject pursuant to Art. 15 GDPR: In particular, you have a right of access to 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 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, deletion, restriction of processing, objection to processing, a complaint to a supervisory authority, the origin of your data, if that was not collected from you by us, the existence of an automated decision-making process including profiling and, if applicable, meaningful information on the logic involved, the scope and intended effects of such processing concerning you, as well as your right to be informed about the guarantees provided for in Art. 46 GDPR for the transfer of your data to third countries;

- Right to rectification pursuant to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to erase pursuant to Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right shall not apply if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

- Right to restricting of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data, as long as the accuracy of your data contested is verified, if you refuse to have your data deleted due to 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 because its purpose has been achieved, or if you have filed an objection for reasons of your particular situation, as long as it is not yet clear whether our justified reasons will prevail;

- Right to be informed pursuant to Art. 19 GDPR: If you have exercised your right to rectify, delete or restrict the processing vis-à-vis the controller, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed regarding this rectification, deletion of the data or restriction on processing, unless this proves to be impossible or involves a 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 the personal data you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible, insofar as this is technically feasible;

- Right to withdraw a given consent pursuant to Art. 7 (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 without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation;

- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data infringes the GDPR, you have the right of appeal to a supervisory authority, in particular in the member state where you reside or work or in the place of the suspected infringement, without prejudice to any other administrative or judicial remedy.

4.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH 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 WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

5) Duration of Storage of Personal Data

The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.

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 practices, please see Etsy's privacy policy: https://www.etsy.com/legal/privacy/?ref=ftr.

7) Additional Information about our Processing of your Imprints

In order to have a piece of FOYA jewelry made, you need to provide us with one or more imprints of fingers, hands, feet, paws, and/or hooves or other body parts. You will receive the respective amount of print mass from us upon your order. Alternatively, you may provide your own print mass. During the crafting process, we digitalize for prints. You can either use the checklist enclosed with your print kit or simply convo us in order to let us know how you would like us to proceed with your prints after completing your order. You can choose between the following options:

- Original prints (hand/foot/paw/hoof): You can choose to receive your prints back from us with your jewelry. Our standard, however, is to dispose of the impression foam a certain while after shipping your jewelry (depending on our storage capacities) - this is what we do if you do not notify us to send your original prints back. After shipping your jewelry, we cannot guarantee that your originals are still available. If you decide that you want to have your originals back after we have shipped your jewelry, and provided that the prints are still available, you will have to pay for the additional shipping costs. If you provide your own print mass, you will always receive it back from us with your jewelry.

- Digital prints (hand/foot/paw/hoof): As, by law, we need to able to reproduce your jewelry in case of defects for two years after shipping it, we archive your prints for two years. You have the right to demand that your prints are deleted - however, you accept that we cannot reproduce your jewelry unless you provide us with your original prints. You can request to have your digital prints archived without any time limit - and you can always change your mind about this. If you would like us to delete your digital prints within or after the two year period, we kindly ask you to provide us with a written request (by mail or eMail). Please note that we DO NOT provide you with the digital files of your prints.

- Fingerprints: due to the sensitive nature of these data, you will always receive your original fingerprints back from us with your jewelry. The digital files will be deleted two weeks after you have confirmed the receipt of your jewelry (or as stated by the shipment's tracking). If you need to return your jewelry in case of a defect, we will ask you to send us your originals again.

*** Changes in our Privacy Policy
We have right to change our privacy policy to adjust it to changes in law or in the way we process the data.

§14 Place of Jurisdiction
The exclusive place for jurisdiction for all disputes from our business activity is Winsen (Luhe) in Lower Saxony, Germany. As long as there are no coercive reasons based on the buyer's home country's law, German law applies.

We do not operate under the United Nations Convention on Contracts for the international sale of goods.

§15 Area of Application
All services and delivered items provided by FOYA are based on these terms and conditions. Any agreements that deviate from these terms need to be confirmed by us in written form.

§16 Copyright and Intellectual Property
All images and text in the Etsy-Shop "FOYA Personal Jewelry" underlie the copyright (§72 Urheberrechtsgesetz). Using, imitating, and/or reproducing - in part or in full - is only allowed with the prior consent of the Stefan & Katja Boscheinen GbR.

§17 Final Provisions
If one or several of these terms are invalid, it does not make the entire agreement invalid. The invalid clause must be replaced with a valid clause that corresponds to both parties' will and interests.

Plattform of the EU Commission for the online settlement of consumer disputes: http://ec.europa.eu/consumers/odr
Based on § 36 Abs. 1 Nr. 1 VSBG, as a company with less than 10 employees, we are not required - and not willing - to participate in the EU online dispute resolution.

Version of May 12, 2018