Information on data protection, cancellation policy, AGB
1. Privacy Policy
Information on the collection of personal data
I will treat your personal data confidentially and in accordance with the legal data protection regulations and this privacy policy. When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data I collect and what I use it for.
Note on the responsible body
The person responsible for data processing on this website is
Julia Strycek
Egmontstr. 5/1
72768 Reutlingen
e-mail: hello.somekindwords@gmail.com
Responsible party is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
Rights of the person concerned
The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the person responsible for processing your personal data, about which we inform you below:
Right to information in accordance with Art. 15 DSGVO: In particular, you have a right to 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 has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, cancellation, restriction of processing, opposition 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 on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
Right of rectification under art. 16 DPA: You have the right to have incorrect data concerning you corrected and/or incomplete data held by us completed without delay;
Right to deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 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 the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
Right to limit processing in accordance with Art. 18 DSGVO: You have the right to demand the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is checked, if you refuse to delete your data because of unauthorized data processing and instead demand the limitation of the processing of your data, if you require your data for the assertion, exercise or defense of legal claims, after we no longer require 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 established whether our justified reasons outweigh the objection;
Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure 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 transferability in accordance with Art. 20 DSGVO: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party, insofar as this is technically feasible;
Right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO: You have the right to revoke at any time with future effect any consent you have given to the processing of data. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot 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 revocation;
right to appeal pursuant to Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.
RIGHT OF WITHDRAWAL
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS DUE TO OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law). When personal data is processed on the basis of an explicit consent pursuant to Art. 6 para. 1 letter a DSGVO, this data is stored until the person concerned revokes his or her consent.
If there are legal retention periods for data which are processed within the scope of legal or similar obligations on the basis of Art. 6 Para. 1 letter b DSGVO, these data are routinely deleted after expiry of the retention periods, provided that they are no longer required for the performance of the contract or the initiation of the contract and/or we have no justified interest in their further storage.
When personal data are processed on the basis of Art. 6 para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 para. 1 DSGVO, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. In the case of processing of personal data for the purpose of direct advertising on the basis of Art. 6 para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 para. 2 DSGVO. Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
Contact via contact form/e-mail
If you send me inquiries via contact form or e-mail, your data from the inquiry form including the contact data you entered there will be stored by me for the purpose of processing the inquiry and in case of follow-up questions. I will not pass on this data without your consent. The processing of the data entered in the contact form is therefore exclusively
Basis of your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. All you need to do is send me an informal message by e-mail. The legality of the data processing operations carried out up to the point of revocation remains unaffected by the revocation.
The data entered by you in the contact form will remain with me until you request me to delete it, revoke your consent for storage or the purpose for which the data was stored no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.
Data processing for order processing
For the processing of your order I work together with the following service providers who support me completely or partially in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information. The personal data collected by me will be passed on to the transport company commissioned with the delivery within the scope of the contract processing, as far as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
If the payment method Etsy Payments is used, the payment processing is carried out by 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 is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as Etsy Inc.). The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payment.
For further information regarding data protection, please refer to the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/
Reference to the Etsy data protection declaration
The Etsy platform is responsible for all further data processing beyond the data processing described above. Further information on Etsy's data protection can be found in the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
Other Tools
Lexoffice
For the handling of the 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, if necessary, our company's bank transactions in order to automatically capture invoices, match them to transactions and, in a partially automated process, create the financial accounting.
If personal data are also processed in this process, the processing is carried out in accordance with Art. 6 Par. 1 letter f DSGVO on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.
Further information about lexoffice, the automated processing of data and the data protection regulations can be found at https://www.lexoffice.de/datenschutz/
2. Refund Policy for online sales
revocation right
You have the right to revoke the contract within fourteen days without giving reasons, the revocation 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. In order to exercise your right of withdrawal, you must inform me (Julia Strycek, Griesingerstraße 28, 72770 Reutlingen, Germany, e-mail: hello.somekindwords@gmail.com) by means of a clear statement (e.g. by post or e-mail) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke the contract, we must refund 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 different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation 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 for this refund. In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods. The earlier point in time is decisive. You must return or hand over the goods to us immediately and in any case within twenty-one days at the latest from the day you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the twenty-one day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion or premature expiration of revocation right
The right of revocation does not exist with contracts for the supply of goods, which are not prefabricated and for whose production an individual selection or determination by the consumer is relevant or which are clearly cut to the personal needs of the consumer.
Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
General information on the return of goods
1) Please avoid damage and contamination of the goods. Please return the goods to us in original packaging with all accessories and with all packaging components. If necessary use a protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
Refund form
If you want to cancel the contract, please fill out this form and return the goods.
To
Julia Strycek
Somekindwords
Egmontstr. 5/1
72768 Reutlingen
Germany
E-Mail: hello.somekindwords.@gmail.com
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 on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only for paper notification)
_________________________
Date
(*) Delete inapplicable
3. Terms of service
General terms and conditions
Index
1. scope of application
2. conclusion of contract
3. revocation right
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. applicable law
9. alternative dispute resolution
1. scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Julia Strycek, trading under "Somekindwords" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store and Etsy Shop. Herewith the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur in the sense 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.
1.5 Digital content within the meaning of these GTC is all data not contained on a physical data carrier, which is produced in digital form and made available by the Seller by granting certain rights of use which are more precisely regulated in these GTC.
2. conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the 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 (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer's offer at the moment the customer clicks on the button completing the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. revocation right
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller's refund policy.
4. prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are gross prices. Value added tax is already included in this price. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 The customer will be informed of the payment option/s in the Seller's online store.
4.3 If advance payment by bank transfer has been agreed upon, payment shall be due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.4 When using the payment method Etsy Payments, the payment will be processed by 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 is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as Etsy Inc.). The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payment. For further information on data protection, please refer to the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/
5. terms of delivery and shipping
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller's order processing shall be decisive for the transaction.
5.2 If 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 shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Digital content is provided to the Customer exclusively in electronic form as follows:
- by download
- by e-mail
6. reservation of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7. liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following shall apply to used goods Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory period of limitation. However, the reduction of the liability period to one year does not apply
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8. applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany 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 by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9. alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
