Allesinschoen
Stieglitzstrasse 9, 42281 Wuppertal
allesinschoen@gmail.com
Owner: Anna Hörster
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
Table of contents
1. General terms and conditions with customer information
1.1 Scope
1.2 Applicable Law
1.3 Conclusion of contract
1.4 Prices and terms of payment
1.5 Terms of delivery and shipping
1.6 Retention of title
1.7 Liability for Defects
1.8 Right of Withdrawal
1.9 Grant of Use Rights for Digital Content
2. Privacy Policy
2.1. Information about the collection of personal data and contact details of the person responsible
2.2. contact
2.3. Data processing for order processing
2.4. rights of the data subject
2.5 Duration of storage of personal data
2.6 Reference to the Etsy Privacy Policy
3. Cancellation policy
3.1 Right of Withdrawal
3.2 Consequences of revocation
3.3 Exclusion or premature expiry of the right of withdrawal
4. Withdrawal Form
1. General terms and conditions with customer information
1.1 Scope
1.1.1 These General Terms and Conditions (hereinafter "GTC") of Anna Hörster, trading under "allesinschoen" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller with regard to the goods presented by the seller on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.
1.1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.1.4 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and made available by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
1.2 Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
1.3 Conclusion of contract
1.3.1 By listing an item on Etsy, the seller makes a binding offer to sell this item.
1.3.2 The customer can accept the seller's offer via the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
1.3.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with the present General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this.
1.3.4 Before submitting a binding order, the customer can identify possible input errors by carefully reading the information displayed on the screen.
1.3.5 German and English are available for the conclusion of the contract.
1.4 Prices and terms of payment
1.4.1 The prices given by the seller are total prices and do not include the statutory sales tax, as small business regulation (§ 19 UstG). Any additional delivery and shipping costs are specified separately in the respective product description.
1.4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
1.4.3 When paying using a payment method offered via the "Etsy Payments" payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in in 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. enables the customer to use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods is/are displayed to the customer in the respective offer from the seller or as part of the order processing. Further information on Etsy Payments and the terms of use are available here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
1.5 Terms of delivery and shipping
1.5.1 Goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive.
1.5.2 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 does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
1.5.3 Digital content is provided to the customer exclusively in electronic form as follows:
- via download.
1.5.4 The seller delivers to you within Germany with DHL or Deutsche Post under the following conditions: For deliveries within Germany, the seller calculates shipping costs at a flat rate of €0.85 (standard letter) or €1.60 (large letter) per order. These are sent uninsured.
1.5.5 In other European countries (EU), the seller delivers uninsured at a flat rate of €1.10 (standard letter) or €3.70 (large letter).
1.5.6 If the goods are lost by the shipping provider, the order will be sent again. If the ordered goods are no longer in stock, the purchase price will be refunded. If the customer does not inform the seller within the next 30 days after delivery, he has no right to a new delivery.
1.6 Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
1.7 Liability for Defects
1.7.1 If the purchased item is defective, the statutory liability for defects shall apply.
1.7.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
1.7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
1.8 Right of Withdrawal
1.8.1 Consumers are generally entitled to a right of withdrawal.
1.8.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
1.9 Grant of Use Rights for Digital Content
1.9.1 Unless otherwise stated in the seller's content description on Etsy, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content provided exclusively for private purposes.
1.9.2 A transfer of the 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 a transfer of the contractual license to the third party.
1.9.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
2. Privacy Policy
2.1. Information about the collection of personal data and contact details of the person responsible
2.1.1 We are pleased that you are visiting our Etsy website (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.
2.1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Anna Hörster, Stieglitzstraße 9, 42281 Wuppertal, Germany, Tel.: 020238489616, email: allesinschoen@gmail.com. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
2.2. contact
When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. This data is stored and used exclusively for the purpose of answering 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 in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
2.3. Data processing for order processing
2.3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institute as part of the payment process, provided this is necessary for the payment process. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 (1) (b) GDPR.
2.3.2 When using the Etsy Payments payment method, payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For more information on data protection law, please refer to Etsy's data protection declaration: https://www.etsy.com/de/legal/privacy/
2.4. rights of the data subject
The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR: 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 was or will be disclosed planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, 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 on you, as well as your right to be informed what guarantees pursuant to Art. 46 GDPR when your data is forwarded to third countries exist;
- Right to rectification in accordance with Art. 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 deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to 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 in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the correctness of your data, which you dispute, is checked, if you refuse to delete your data because of 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 after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion 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 in accordance with Art. 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 transmission to another person responsible, insofar as this is technically feasible ;
- Right to revoke granted consent in accordance with Art. 7 Para. 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 immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have - 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 where you live, work or where the alleged infringement took place.
-Right to object
If we process your personal data as part of a balancing of interests on the basis of our overriding legitimate interest, you have the right at any time to object to this processing for reasons arising from your particular situation.
If you exercise your right to object, we will stop processing the data concerned.
2.5 Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh 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 advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
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.
2.6 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 privacy policy, see Etsy's privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
3. Cancellation policy
3.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
In the case of contracts for 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 took possession of the last goods.
In the case of contracts for the delivery of data that is not on a physical data carrier and that is produced and provided in digital form (digital content), the cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (Anna Hörster, Stieglitzstraße 9, 42281 Wuppertal, Germany, 0202/38489616, e-mail: allesinschoen@gmail.com) a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
3.2 Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
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 sent back the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than twenty-one days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of twenty-one days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely for contracts for the delivery of digital content if we have started to execute the contract after you have expressly consented to us beginning to execute the contract before the end of the withdrawal period and you have confirmed to us that you are aware that You lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
4. Withdrawal Form
If you want to revoke the contract, please fill out this form and send it back.
At
Anna Hoerster
Stieglitzstrasse 9
42281 Wuppertal
Germany
Email: allesinschoen@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 consumer(s)
__________________________________________________________
Signature of consumer(s) (only if notification is on paper)
__________________________
Date
(*) Delete where not applicable