elevenelephant is taking a short break
Maurin on Sep 19, 20185 out of 5 stars
I would give it 10 stars if I could. I love it! The best backpack I have had, and it’s even more beautiful in person. The rope is really soft, and the communication with the seller is excellent! The responses were super quick and I was able to have my backpack customized to my preferences. Thank you so much ! :)
Table of contents
A. General terms and conditions with customer information
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Liability for defects
8. Applicable law
9. Alternative Dispute Resolution
B. Information on data protection
1. Information about the collection of personal data and contact details of the controller
2. Contacting us
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
C. Cancellation policy
1. Right of withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
A. General terms and conditions with customer information
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Alexandra Bender, acting under "elevenelephant" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes 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 terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 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 listing an item on Etsy, the seller makes a binding offer to sell that item.
2.2 The Customer may 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 at Etsy and then go through the order steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares the acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract will be stored by the seller and sent to the customer after conclusion of the contract together with the present GTC and customer information in text form (e.B. e-mail, fax or letter). A further access of the contract text by the seller himself does not take place.
2.4 Before the binding submission of the order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before bindingly submitting the order as part of the electronic ordering process with the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.B. transfer fees, exchange rate fees) or import duties or taxes (e.B customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's offer on Etsy.
4.4 When paying by means of a payment method offered via the payment service "Etsy Payments", payment will be processed 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. enables the customer to use various payment methods as part of the payment processing via 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 seller or in the context of the order processing. For more information and the Etsy Payments Terms of Service, please visit: etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Goods shall be delivered by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy is decisive.
5.2 If the 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 outward dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the right of revocation is effectively exercised by the customer, the provision made in the seller's cancellation policy shall apply.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller makes an advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects
7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery takes place within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of deadlines do not apply
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a work in accordance with their usual use and which have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.6 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 with this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
All legal relationships between the parties shall be governed by the law 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 is not withdrawn by mandatory provisions of the law of the state 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 under the following link: ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court 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.
B. Information on data protection
1) Information about the collection of personal data and contact details of the controller
1.1 We are pleased that you are visiting our Etsy website (hereinafter referred to as the "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 within the meaning of the General Data Protection Regulation (GDPR) is Jana Beikoff, elevenelephant, Georg-Schwarz-Str.157, 04179 Leipzig, Deutschland, Tel.:0 1726019950, e-mail: elevenelephant [!at] web.de. The controller of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
When contacting us (e.B. via contact form or e-mail), personal data is collected, which these are, 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 the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit.b GDPR. 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 facts in question have been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order processing
3.1 Insofar as necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit.b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data provided by you when ordering (name, address, e-mail address) in order to personally inform you personally within the framework of our legal information obligations pursuant to Art. 6 para. 1 lit.c GDPR by appropriate means of communication (e.g. by post or e-mail) about upcoming updates in the legally provided period inform. Your contact data will be used strictly for a specific purpose for notifications about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.3 When using the Etsy Payments payment method, payment will be processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless 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 para. 1 lit.b GDPR and only to the extent necessary for payment processing.
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, about which we inform you below:
- Right to information pursuant to 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 has been or will be disclosed, the 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 envisaged effects of such processing concerning you, as well as your right to information, which guarantees exist in accordance with Article 46 GDPR for the transfer of your data to third countries;
- Right to rectification in accordance with Article 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to erasure in accordance with Article 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Article 17 (1) GDPR 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 establishment, exercise or defence of legal claims;
- Right to restriction of processing pursuant to Article 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 disputed by you is verified, if you refuse to delete your data due to inadmissible data processing and instead request the restriction of the processing of your data if you use your data for the purpose of asserting, exercise or defence 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 of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information pursuant to Article 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller 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 Article 20 GDPR: you have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request transmission to another controller, insofar as this is technically feasible;
- Right to revoke granted consent in accordance with Article 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 affected data immediately, 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 Article 77 GDPR: If you believe that the processing of your personal data infringes the GDPR, 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 of your habitual residence, your place of work or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
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 AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE 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 FURTHER PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN 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 the storage of personal data is based on the respective legal basis, the purpose of the processing and – if relevant – additionally on the basis of the respective statutory retention period (e.B. commercial and tax retention periods).
When processing personal data on the basis of explicit consent in accordance with Art. 6 para. 1 lit. a GDPR, this data will be stored until the data subject revokes his consent.
If there are statutory retention periods for data that are processed within the framework of legal or quasi-contractual obligations on the basis of Art. 6 para. 1 lit.b GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required for the fulfilment or initiation of a contract and/or that we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until the data subject exercises his or her right to object pursuant to Article 21 (1) GDPR, 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 Art. 6 para. 1 lit. f GDPR, this data will be stored until the data subject exercises his right of objection pursuant to Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
C. Cancellation policy
You have the right to revoke this 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, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Jana Beikoff, elevenelephant, Georg-Schwarz-Str.157, 04179 Leipzig, Germany, Tel.:0 1726019950, e-mail: elevenelephant [!at] web.de) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including 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), immediately 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 any fees for this repayment.
In the case of contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case at the latest within twenty-one days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of twenty-one days.
You bear the direct costs of returning the goods.
You 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 to check the nature, characteristics and functioning of the goods.
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 manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
D. Withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
04179 Leipzig, Germany
E-mail: elevenelephant [!at] web.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 on (*) __
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as appropriate
Copyright notice: These GTC were created by the specialist lawyers of the IT-Recht law firm and are protected by copyright (www.it-recht-kanzlei.de)
Last modified: 23.07.2022, 16:37:44
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General Terms and Conditions (GTC)
Scope & Defence Clause
(1) For the legal relationships established via this Internet shop between the operator of the
04179 Leipzig, Germany
E-mail: elevenelephant [!at] web.de
these General Terms and Conditions are an integral part of any contractual agreement between the Provider and the respective Customer.
(2) Deviating general terms and conditions of the customer are rejected.
Conclusion of the contract
(1) The presentation of the goods in the Internet shop www.etsy.com/de/shop/elevenelephant,
does not constitute a binding offer by the provider to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.
(3) The customer selects the desired goods by placing them in the "shopping cart". If all desired goods are contained there, the customer confirms this with the button "Go to checkout". The following page with the heading "Please confirm your order" shows the customer a summary of all his entries. The order request can be transmitted to the provider on this page via the button "Pay now"; if the customer uses the service of Klarna ("Sofort.") for payment, the order request will be transmitted to the provider when the customer clicks on the "Continue" button on the "Confirm transaction" page. The customer has the possibility at any time until this dispatch of his order request to correct his entries by going back one or more order steps in the browser, or to cancel the order completely.
(4) For the articles presented in his shop, the provider submits a binding purchase offer. By sending the order request via the button "Pay now", the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(5) The content of a concluded contract (contract text) is automatically stored by Etsy in the Etsy user accounts of the provider and the customer and can be viewed by the customer in his user account under "Purchases and reviews" in the menu "You". After conclusion of the contract, the customer will also receive an e-mail from Etsy with the text of the contract. In addition, the provider does not store the text of the contract itself and does not make it accessible outside the Etsy portal. The GTC can also be viewed by the customer at any time under www.etsy.com/de/shop/elevenelephant.
(6) In the event of impediments to delivery or other circumstances that would prevent the fulfilment of the contract, the provider shall inform the customer by e-mail.
The delivered goods remain the property of the provider until full payment has been made.
Payment of the purchase price is due within 7 days of receipt of the confirmation email.
(1) The warranty rights of the customer are governed by the general statutory provisions, unless otherwise specified below. For claims for damages of the customer against the provider, the regulation in § 6 of these GTC applies.
(2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, 1 year for used items. With regard to entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.B. the provider must hand over the item to the customer free of material defects and defects of title and to acquire ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. With regard to entrepreneurs, the right of recourse according to § 478 BGB is also excluded from the shortening of the limitation periods.
(3) A guarantee is not declared by the provider.
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.B. the provider must hand over the item to the customer free of material defects and defects of title and to acquire ownership of it. Liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents is also excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledging.
Choice of law & place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the contractual relations between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
elevenelephant is not responsible for lost or stolen items.