General terms and conditions & cancellation policy
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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. Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects
8. Special conditions for the processing of goods according to specific customer specifications
9. Governing 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 person responsible
2. Contact
3. Data processing for order processing
4. Web Analytics Services
5. Rights of the data subject
6. Duration of storage of personal data
7. Reference to the Etsy Privacy Policy
8. Tools and Miscellaneous
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. Terms and Conditions with Customer Information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Tugay Aldirmaz (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the seller on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 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 their commercial or independent professional activity.
2) Conclusion of contract
2.1 By listing an item on Etsy, the seller makes a binding offer to sell this item.
2.2 The customer can accept the seller's offer via the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with these General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this.
2.4 Before submitting a binding order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before the binding submission of the order as part of the electronic ordering process using 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 cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise 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 money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.4 When paying using a payment method offered via the "Etsy Payments" payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in currencies US dollars or Canadian dollars - via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc."). Etsy UC or Etsy Inc. enables the customer to use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods is/are displayed to the customer in the respective offer from the seller or as part of the order processing. More information about Etsy Payments and the terms of use are available here: etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and reductions in deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point 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 settlement procedure before a consumer arbitration board.
11) Code of Conduct
The seller has submitted to the conditions of participation for the e-commerce initiative "Fairness in trade", which can be viewed on the Internet at 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 person responsible
1.1 We are pleased that you are visiting our Etsy website (hereinafter "website") and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Tugay Aldirmaz, Huchenfelder Hauptstrasse 183, 75181 Pforzheim, Germany, Tel.: 01744071767, email: t.aldirmaz@memory-agency.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
2) Contact
When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
3) Data processing for order processing
3.1 Insofar as it is necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned bank in accordance with Article 6 Paragraph 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the framework of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 - SendCloud
The dispatch takes place via the dispatch portal "SendCloud" (SendCloud GmbH, Kanalstr. 10, 80538 Munich). In accordance with Article 6 (1) (b) GDPR, we only pass on your data to SendCloud for the purpose of processing your online order. Data will only be passed on if this is actually necessary for processing. Details on SendCloud's data protection can be viewed on the SendCloud website at sendcloud.de/datenschutz/.
3.3 When using the Etsy Payments payment method, payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For more information on data protection law, please refer to Etsy's data protection declaration: etsy.com/de/legal/privacy/
4) Web Analytics Services
Google (Universal) Analytics
Google (Universal) Analytics is used for Etsy, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal) Analytics uses so-called "cookies", which are text files that are stored on your end device and that enable an analysis of your use of the online presence. The information generated by the cookie about your use of this website (including the abbreviated IP address) is usually transmitted to a Google server and stored there. It can also be transmitted to the servers of Google LLC. come in the US.
Google (Universal) Analytics is only used with the "_anonymizeIp()" extension, which ensures anonymization of the IP address by shortening it and excludes direct personal reference. As a result of the extension, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google LLC server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the online presence, to compile reports on website activity and to provide us with other services related to the use of the online presence. The IP address transmitted by your browser as part of Google (Universal) Analytics is not merged with other Google data.
Using a special function, the so-called "demographic characteristics", Google Analytics also enables the creation of statistics with statements about the age, gender and interests of site visitors on the basis of an evaluation of interest-based advertising and using third-party information. This allows the definition and differentiation of user groups of the website for the purpose of target group-optimized alignment of marketing measures. However, data records collected via the "demographic characteristics" cannot be assigned to a specific person.
Details on the processing initiated by Google Analytics and how Google handles data from websites can be found here: https://policies.google.com/technologies/partner-sites
All of the processing described above, in particular the setting of Google Analytics cookies for reading information on the end device used, will only be carried out if you have given us your express consent in accordance with Article 6 (1) (a) GDPR. Without this consent, Google Analytics will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website. We have concluded an order processing contract with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transmission of data from the EU to the USA, Google relies on the so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European data protection level in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or will be disclosed planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed what guarantees pursuant to Art. 46 GDPR when your data is forwarded to third countries exist;
- Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the correctness of your data, which you dispute, is checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible ;
- Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State where you live, work or where the alleged infringement took place.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
7) 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 policy, see Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
8) Tools and Miscellaneous
- sevDesk
We use the sevDesk service, the cloud-based accounting software from sevDesk GmbH, Hauptstrasse 115, 77652 Offenburg, to do the accounting.
SevDesk processes incoming and outgoing invoices and, if necessary, our company's bank transactions in order to automatically record invoices, match them to transactions and create financial accounting from them in a partially automated process.
If personal data is also processed here, the processing is carried out in accordance with Article 6 (1) (f) GDPR on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.
More information about sevDesk GmbH, the automated processing of data and the data protection regulations can be found at sevdesk.de/security-data-protection/
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C. Cancellation policy
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right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Tugay Aldirmaz, Huchenfelder Hauptstraße 183, 75181 Pforzheim, Germany, Tel.: 01744071767, email: t.aldirmaz@memory-agency.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
You must return or hand over the goods to us or to Tugay Aldirmaz, Huchenfelder Hauptstraße 183 75181 Pforzheim, Germany immediately and in any event no later than twenty-one days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of twenty-one days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of cancellation does not apply to contracts for the delivery of goods, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the cancellation period.
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D. Withdrawal Form
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If you want to revoke the contract, please fill out this form and send it back.
On
Tugay Aldirmaz
Huchenfelder Hauptstrasse 183
75181 Pforzheim
Germany
Email: t.aldirmaz@memory-agency.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is on paper)
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date
(*) Delete where not applicable
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 12/02/2022, 10:36:59 am
