emapaperlove
Braunschweig, Lower Saxony
Announcement
Last updated on Feb 14, 2022
For some inspiration on how to use my products come and visit me on instagram @emadam.de or on my youtube channel https://www.youtube.com/channel/UCYM6FzufiNNxkB7KCv0WUsA/featured
Items
Featured items
All Items
Reviews
5 out of 5 stars
(701)
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Angelina on Apr 2, 2023
5 out of 5 starsGreat stamp that will accompany me from now on when postcrossing. Fine workmanship, wonderfully legible impression. I am very pleased!
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Alyssa on May 25, 2023
5 out of 5 starsSeller was super helpful and very responsive! My friend loved her gifts <3
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littlegreen84 on May 18, 2023
5 out of 5 starsGreat little note papers, love the vintage-feel patterns and pastel tones.
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About emapaperlove
Sales
2,861
On Etsy since 2013
It all began with my love to paper ...
Shop members
-
Ema
Artist, CEO, Maker, Designer, Dreamer
Shop policies
Last updated on
May 10, 2022
Imprint
Franziska Kühne
Emadam - Because I Love Paper
Steinbühlstraße 47
38723 Seesen
Deutschland
Telephone: +49 (0)5381/490722
E-Mail: hello [!at] emadam.de
Sales tax identification number: DE317980103
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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General Terms and Conditions & Information on Data Protection & Instructions for cancellation & Cancellation form
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Table of Contents
-----------------
A. General Terms and Conditions
-------------------------------
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Liability for defects
7. Applicable Law
8. Alternative dispute resolution
B. Information on Data Protection
---------------------------------
1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting
3. Processing of Data for the Purpose of Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to the Etsy Privacy Policy
C. Instructions for cancellation
--------------------------------
1. Right to cancel
2. Effects of cancellation
3. Exclusion and/or premature expiration of the right to cancel
D. Cancellation form
--------------------
-------------------------------
A. General Terms and Conditions
-------------------------------
1) Scope of Application
1.1 These Terms and Conditions of the company Franziska Kühne (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Etsy (hereinafter referred to as "Etsy”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 When placing an item on the electronic platform Etsy , the Seller shall make a binding offer to the interested party for the sale of this item.
2.2 The Client can accept the Seller’s offer via the Etsy online order form. In doing so, the Client has to place the selected item in the virtual Etsy shopping basket and subsequently he has to go through the ordering steps specified by Etsy. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.
2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored by Etsy and can be called free of charge by the Client via his Etsy password-protected customer account.
2.4 The Client can correct all the data entered via the technical means provided by Etsy prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.
2.5 The German and the English language are exclusively available for the conclusion of the contract.
3) Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product description, prices indicated are total prices. Sales tax is not listed, since the Seller is a small trader within the meaning of Article 19, Para 1 German Turnover Tax Act.
4.2 For deliveries outside of the European Union additional costs may arise for which the Seller cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
4.3 Various modes of payment are available for the
Client which are indicated in the Etsy Seller's online shop.
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Shipment and delivery conditions
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 Should the Client collect the goods himself, the Seller informs the Client via e-mail, that the goods are ready for collection. After receipt of the e-mail the Client may collect the goods at the Seller’s place of business after consultation with the Seller. In this case no shipping costs will be charged.
6) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
7) Applicable Law
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
7.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
---------------------------------
B. 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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.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 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/uk/legal/privacy/?ref=ftr
--------------------------------
C. Instructions for cancellation
--------------------------------
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
If the contract is a contract for the supply of data which are not supplied on a tangible medium and produced and made available in digital form (digital content), the cancellation period ends at the end of 14 days after the day on which the contract is entered into.
To exercise the right to cancel, you must inform us (Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
If the contract is a sales contract for the delivery of goods, we may withhold reimbursement until we have received the goods back.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 21 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 21 days has expired.
You will bear the direct cost 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
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
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D. Cancellation form
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If you wish to cancel this contract, please complete and submit this form.
Franziska Kühne
Steinbühlstraße 47
38723 Seesen
Deutschland
E-Mail: hello [!at] emadam.de
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
Franziska Kühne
Emadam - Because I Love Paper
Steinbühlstraße 47
38723 Seesen
Deutschland
Telephone: +49 (0)5381/490722
E-Mail: hello [!at] emadam.de
Sales tax identification number: DE317980103
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
-----------------------------------------------------------------------------------------------------------------
General Terms and Conditions & Information on Data Protection & Instructions for cancellation & Cancellation form
-----------------------------------------------------------------------------------------------------------------
Table of Contents
-----------------
A. General Terms and Conditions
-------------------------------
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Liability for defects
7. Applicable Law
8. Alternative dispute resolution
B. Information on Data Protection
---------------------------------
1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting
3. Processing of Data for the Purpose of Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to the Etsy Privacy Policy
C. Instructions for cancellation
--------------------------------
1. Right to cancel
2. Effects of cancellation
3. Exclusion and/or premature expiration of the right to cancel
D. Cancellation form
--------------------
-------------------------------
A. General Terms and Conditions
-------------------------------
1) Scope of Application
1.1 These Terms and Conditions of the company Franziska Kühne (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Etsy (hereinafter referred to as "Etsy”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 When placing an item on the electronic platform Etsy , the Seller shall make a binding offer to the interested party for the sale of this item.
2.2 The Client can accept the Seller’s offer via the Etsy online order form. In doing so, the Client has to place the selected item in the virtual Etsy shopping basket and subsequently he has to go through the ordering steps specified by Etsy. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.
2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored by Etsy and can be called free of charge by the Client via his Etsy password-protected customer account.
2.4 The Client can correct all the data entered via the technical means provided by Etsy prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.
2.5 The German and the English language are exclusively available for the conclusion of the contract.
3) Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product description, prices indicated are total prices. Sales tax is not listed, since the Seller is a small trader within the meaning of Article 19, Para 1 German Turnover Tax Act.
4.2 For deliveries outside of the European Union additional costs may arise for which the Seller cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
4.3 Various modes of payment are available for the
Client which are indicated in the Etsy Seller's online shop.
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Shipment and delivery conditions
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 Should the Client collect the goods himself, the Seller informs the Client via e-mail, that the goods are ready for collection. After receipt of the e-mail the Client may collect the goods at the Seller’s place of business after consultation with the Seller. In this case no shipping costs will be charged.
6) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
7) Applicable Law
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
7.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
---------------------------------
B. 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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.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 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/uk/legal/privacy/?ref=ftr
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C. Instructions for cancellation
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Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
If the contract is a contract for the supply of data which are not supplied on a tangible medium and produced and made available in digital form (digital content), the cancellation period ends at the end of 14 days after the day on which the contract is entered into.
To exercise the right to cancel, you must inform us (Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
If the contract is a sales contract for the delivery of goods, we may withhold reimbursement until we have received the goods back.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 21 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 21 days has expired.
You will bear the direct cost 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
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
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D. Cancellation form
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If you wish to cancel this contract, please complete and submit this form.
Franziska Kühne
Steinbühlstraße 47
38723 Seesen
Deutschland
E-Mail: hello [!at] emadam.de
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
Accepted payment methods
Accepts Etsy Gift Cards and Etsy Credits
Returns & exchanges
See item details for return and exchange eligibility.
Cancellations
Cancellations: not accepted
Please contact the seller if you have any problems with your order.
Payment
Delivery is only after payment via PayPal transfer.
The delivery time is 6-9 working days from payment. These delivery times are based on deliveries within Germany. Deliveries abroad can take additional 2-5 weeks.
The delivery period for payment in advance begins the day after the payment order at the relevant bank, other payment on the day after signing the contract. It ends with the last day of the delivery period. If the last day falls on a Saturday, Sunday or a public holiday at the place of delivery, the period shall be extended to the next business day.
There will be no delivery to packing stations!
If the delivery to the customer fails due to an incomplete or incorrect indication of the delivery address by the customer, a second delivery attempt occurs only after re-payment of the agreed upon conclusion of contract shipping. The second shipment will be executed only after receipt of delivery.
Shipping days: Monday - Friday
The shipping costs of the products can be found in the respective product description. At purchase of several products the shipping cost are recalculated.
The shipping costs are made up of the following items:
Shipping and handling
Cardboard
Overpack
Filler
Tape
Invoice printing
Fees of the Packaging Ordinance
With confirmation and thus acceptance of an order by Emadam, a purchase contract is concluded. Only with this assumption, and the amount payable due, is entitled to delivery of the goods.
Information on the contract goods as: description, pictures, pattern, quality, color and quality specifications as well as dimensions and weight are subject to change.
Any deviations with respect to the original colors of the goods are possible.
The prices are binding.
The delivery time is 6-9 working days from payment. These delivery times are based on deliveries within Germany. Deliveries abroad can take additional 2-5 weeks.
The delivery period for payment in advance begins the day after the payment order at the relevant bank, other payment on the day after signing the contract. It ends with the last day of the delivery period. If the last day falls on a Saturday, Sunday or a public holiday at the place of delivery, the period shall be extended to the next business day.
There will be no delivery to packing stations!
If the delivery to the customer fails due to an incomplete or incorrect indication of the delivery address by the customer, a second delivery attempt occurs only after re-payment of the agreed upon conclusion of contract shipping. The second shipment will be executed only after receipt of delivery.
Shipping days: Monday - Friday
The shipping costs of the products can be found in the respective product description. At purchase of several products the shipping cost are recalculated.
The shipping costs are made up of the following items:
Shipping and handling
Cardboard
Overpack
Filler
Tape
Invoice printing
Fees of the Packaging Ordinance
With confirmation and thus acceptance of an order by Emadam, a purchase contract is concluded. Only with this assumption, and the amount payable due, is entitled to delivery of the goods.
Information on the contract goods as: description, pictures, pattern, quality, color and quality specifications as well as dimensions and weight are subject to change.
Any deviations with respect to the original colors of the goods are possible.
The prices are binding.
Shipping
The buyer must pay the specified forwarding costs.
When ordering several products, the shipping fees in favor of the customer to be redetermined. Exceptions are indicated in the product description.
Resulting from shipments customs or other costs shall be borne by the buyer.
The goods will be shipped 6-9 days after receipt of payment. If you encounter any problems or delays caused by the production, the buyer will put it as early as possible in knowledge.
Digital goods have due to their condition no shipping or handling charges. The Digital goods will be released for download immediately after confirmation of payment.
When ordering several products, the shipping fees in favor of the customer to be redetermined. Exceptions are indicated in the product description.
Resulting from shipments customs or other costs shall be borne by the buyer.
The goods will be shipped 6-9 days after receipt of payment. If you encounter any problems or delays caused by the production, the buyer will put it as early as possible in knowledge.
Digital goods have due to their condition no shipping or handling charges. The Digital goods will be released for download immediately after confirmation of payment.
Additional policies and FAQs
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General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Cancellation Form
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Table of contents
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A. General terms and conditions with customer information
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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. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects
9. Applicable law
10. Alternative Dispute Resolution
11. Code of Conduct
B. Information on data protection
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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
6. Reference to the Etsy Privacy Policy
C. Cancellation policy
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1. Right of withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Franziska Kühne (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller on the Internet trading platform Etsy (hereinafter referred to as "Etsy"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless expressly stipulated otherwise.
1.3 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. 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.
1.4 Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use more precisely regulated in these GTC.
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.
3.3 The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
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 The Seller enables payment via the Etsy Payments payment method. The customer can use the payment methods offered to him within the framework of Etsy Payments for payment.
When using this payment method, payment is processed via Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland ('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.).
Etsy UC or Etsy Inc. enables the customer to use various payment methods in the form of
- Credit cards
- Debit/debit cards
- Etsy Vouchers and Etsy Credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (only in the Netherlands)
- Sofort (Austria and Germany)
- Apple Pay
- Android Pay
For the processing of payments, Etsy UC or Etsy Inc. may use other payment service providers.
For more information and the Etsy Payments Terms of Service, please visit: www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the article and the customer's registered office, the aforementioned payment methods may only be available to a limited extent. 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.
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "PayPal" is selected, 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 in accordance with the PayPal Terms of Use, which can be viewed under www.paypal.com/de/webapps/mpp/ua/useragreement-full. This presupposes, among other things, that the customer opens or already has an PayPal account.
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. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment at PayPal is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, 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 Digital content is provided to the customer exclusively in electronic form as follows:
- by download
- by e-mail
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the Seller's content description on Etsy, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 A transfer of the contents 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.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this date. A transfer of rights does not take place through such a provisional permission.
7) 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.
8) Liability for defects
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening 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 which have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested 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.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
10) Alternative Dispute Resolution
10.1 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.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Retail", which can be viewed on the Internet at www.fairness-im-handel.de/teilnahmebedingungen/.
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B. Information on data protection
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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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de. The controller of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Contact
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 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned bank as part of the payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we inform you about this explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit.b GDPR.
3.2 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.
For further data protection information, please refer to Etsy's privacy policy: www.etsy.com/de/legal/privacy/
3.3 When paying by credit card via PayPal or by direct debit via PayPal, we will pass on your payment data 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 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 measured on the basis of the respective statutory retention period (e.B. commercial and tax retention periods). After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract and/or if there is no legitimate interest on our part in further storage.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all other data processing that goes beyond the data processing described above. Further information on Etsy's privacy policy can be found in Etsy's privacy policy: www.etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Withdrawal
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.
In order to exercise your right of withdrawal, you must inform us (Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Germany, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de) of your decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post or e-mail). 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.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
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D. Withdrawal form
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If you want to cancel the contract, please fill out this form and send it back.
At
Franziska Kühne
Steinbühlstrasse 47
D-38723 Seesen
Germany
E-mail: hello [!at] emadam.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)
_________________________
Date
(*) Delete as appropriate
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Copyright notice: These GTC have been prepared by the specialists of the IT-Recht law firm under the DOCID: ##ITK-e351b99b6143c52f2fc3c261a83043dd## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 201812071857
General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Cancellation Form
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Table of contents
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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. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects
9. Applicable law
10. Alternative Dispute Resolution
11. Code of Conduct
B. Information on data protection
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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
6. Reference to the Etsy Privacy Policy
C. Cancellation policy
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1. Right of withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Franziska Kühne (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller on the Internet trading platform Etsy (hereinafter referred to as "Etsy"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless expressly stipulated otherwise.
1.3 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. 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.
1.4 Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use more precisely regulated in these GTC.
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.
3.3 The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
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 The Seller enables payment via the Etsy Payments payment method. The customer can use the payment methods offered to him within the framework of Etsy Payments for payment.
When using this payment method, payment is processed via Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland ('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.).
Etsy UC or Etsy Inc. enables the customer to use various payment methods in the form of
- Credit cards
- Debit/debit cards
- Etsy Vouchers and Etsy Credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (only in the Netherlands)
- Sofort (Austria and Germany)
- Apple Pay
- Android Pay
For the processing of payments, Etsy UC or Etsy Inc. may use other payment service providers.
For more information and the Etsy Payments Terms of Service, please visit: www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the article and the customer's registered office, the aforementioned payment methods may only be available to a limited extent. 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.
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "PayPal" is selected, 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 in accordance with the PayPal Terms of Use, which can be viewed under www.paypal.com/de/webapps/mpp/ua/useragreement-full. This presupposes, among other things, that the customer opens or already has an PayPal account.
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. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment at PayPal is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, 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 Digital content is provided to the customer exclusively in electronic form as follows:
- by download
- by e-mail
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the Seller's content description on Etsy, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 A transfer of the contents 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.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this date. A transfer of rights does not take place through such a provisional permission.
7) 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.
8) Liability for defects
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening 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 which have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested 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.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
10) Alternative Dispute Resolution
10.1 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.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Retail", which can be viewed on the Internet at www.fairness-im-handel.de/teilnahmebedingungen/.
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B. Information on data protection
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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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de. The controller of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Contact
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 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned bank as part of the payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we inform you about this explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit.b GDPR.
3.2 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.
For further data protection information, please refer to Etsy's privacy policy: www.etsy.com/de/legal/privacy/
3.3 When paying by credit card via PayPal or by direct debit via PayPal, we will pass on your payment data 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 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 measured on the basis of the respective statutory retention period (e.B. commercial and tax retention periods). After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract and/or if there is no legitimate interest on our part in further storage.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all other data processing that goes beyond the data processing described above. Further information on Etsy's privacy policy can be found in Etsy's privacy policy: www.etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Withdrawal
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.
In order to exercise your right of withdrawal, you must inform us (Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Germany, Tel.: 05381/490722, E-Mail: hello [!at] emadam.de) of your decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post or e-mail). 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.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
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D. Withdrawal form
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If you want to cancel the contract, please fill out this form and send it back.
At
Franziska Kühne
Steinbühlstrasse 47
D-38723 Seesen
Germany
E-mail: hello [!at] emadam.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)
_________________________
Date
(*) Delete as appropriate
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Copyright notice: These GTC have been prepared by the specialists of the IT-Recht law firm under the DOCID: ##ITK-e351b99b6143c52f2fc3c261a83043dd## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 201812071857
Privacy
Information on Data Protection
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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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.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 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/uk/legal/privacy/?ref=ftr
See this Seller Handbook article for a sample privacy policy you can customize for your shop.
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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 Franziska Kühne, Steinbühlstraße 47, 38723 Seesen, Deutschland, Tel.: 05381/490722, E-Mail: hello [!at] emadam.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 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/uk/legal/privacy/?ref=ftr
For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"): https://ec.europa.eu/consumers/odr
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Last updated on
Jul 16, 2018