Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier
(Julian Roos) via the etsy Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your
own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial
activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) If we set up an item vis-a-vis etsy, the activation of the supply-side domain at etsy encompasses the binding
offer associated with the conclusion of a purchase contract under the conditions specified on the page associated
with the item in question.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "shopping cart" using
the appropriate buttons on the navigation bar and make changes there at any time. After selecting the payment
method and selecting "proceed to checkout" or "pay with PayPal", personal information and payment data is
entered. Finally, all of the order data is shown again on the order summary page.
If you use an upfront payment system (e.g. Paypal or Sofortüberweisung), you will initially be transferred to the
website of the payment system provider. Finally, you will be routed back to Etsy on the order summary page.
Before submitting the order, you have the ability once more to review or change any information on the order
summary page (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding
way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address
that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are
necessary for the customised designing of the products in question. This can also be done via e-mail, in which
case it must be done in a prompt manner after the contract has been concluded. Any potential specifications
issued by the supplier regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties
(especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from
any and all claims related to this matter that may be raised by external parties. This also applies to the costs
associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from
us, which you should check in a prompt manner. If you approve of the design, you are to approve the correction
template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any
potential errors to our attention. We assume no liability for unqueried errors.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been
settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before
ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the
claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation
to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However,
insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the
claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire
co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the
invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty
claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are
the only things that represent the properties and condition of the product in question. Other advertisements,
blurbs and statements issued by the manufacturer are not considered to be representative of the properties and
condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the
defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion.
The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in
particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the
additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the
transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit
does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by
wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were
caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 6 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of
the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Good
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II. Customer information
1. Identity of the seller
Julian Roos
Eisenacher Straße, 65
10823 Berlin
Germany
Telephone: 03023400050
E-Mail: zwergschmuck@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which
can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations "conclusion of the contract" in our standard
business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be
printed out or electronically saved using the browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts and the standard business terms are
re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all
the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking
the appropriate button on our website or in the respective quote, are shown separately over the course of the
order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs,
such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you
must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to
an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website
or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract
that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking
the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered
within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the
payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless
of whether or not the shipping operation is insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or a person who has otherwise been
appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business
(Part I).
last update: 07.12.2017
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Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory,
nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no
consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Collection, processing, and use of personal data in orders
When you submit an order, we only collect and use your personal data where this is necessary for the fulfilment
and handling of your requests. The provision of data is necessary for conclusion of a contract. Failure to provide it
will prevent the conclusion of any contract. The processing will occur on the basis of art. 6 (1) lit. b GDPR and is
required for the fulfilment of a contract with you. We will not forward your data to third parties without your explicit
consent. This only excludes our service partners which we require in order to handle the contractual relationship
or service providers we use to process an order. Along with the recipients named in the clauses of this data
protection declaration, these may be recipients in the following categories: Shipping providers, payment service
providers, merchandise management service providers, service providers for order processing, web hosts, IT
service providers and dropshipping dealers. We will comply strictly with legal requirements in every case. The
scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty
period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and
then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to
information, correction, deletion, restriction of processing, data portability. You also have a right of objection
against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according
to art. 21 (1) GDPR.
Contact us at any time. Our contact details can be found in our imprint.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data
is not being processed legally.
last update: 25.04.2018
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot
be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products,
provided you had ordered one or more products within the scope of a standard order and this/these
product/products is/are delivered uniformly;
In order to exercise your revocation right, you must inform us (Julian Roos, Eisenacher Straße, 65, 10823
Berlin, Telephone number: 03023400050, E-Mail address: zwergschmuck@gmail.com) of your decision to
revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the
enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the
revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery
costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other
than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days
from the day on which we received the notification about the revocation of this contract from you. We use the
same means of payment, which you had originally used during the original transaction, for this repayment unless
expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you
have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days
with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if
you send the products before the expiry of the fourteen-day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with
you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or
stipulation by the consumer is important or which are clearly tailored to the personal requirements of the
consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which
however can be delivered 30 days after the conclusion of the contract at the earliest and whose current
value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene
if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to
their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been
removed after the delivery.
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Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Julian Roos, Eisenacher Straße, 65, 10823 Berlin, Email address: zwergschmuck@gmail.com :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products
(*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.
