Consumer revocation instruction

Cancellation Policy for Etsy

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 Torsten Spiller, Pfarrstraße 70, 56564 Neuwied, telephone: 02631 4040779, e-mail: info@spillerphoto.com by means of a clear statement (e.g. a letter sent by post, fax or e-mail ) of 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. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen 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 fourteen days has expired.


Goods that can be shipped by parcel

We bear the direct costs of returning the goods.

Goods that cannot be shipped as a parcel

We bear the direct costs for the return of goods that cannot be sent by parcel post (e.g. goods sent by a freight forwarder).


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.

The right of withdrawal is excluded for the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

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Sample withdrawal form


If you want to revoke the contract, please fill out this form and send it back.


At:

Torsten Spiller

Pfarrstrasse 70

56564 Neuwied


Email: info@spillerphoto.com


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):


Ordered on (*)/received on (*):


Name of consumer(s):


Address of consumer(s):


Signature of consumer(s) (only if notification is on paper):



Date:


* Please cross out what is not applicable

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This cancellation policy was created by www.gepruefter-webshop.de and is regularly checked for legal certainty. In the event of a warning, Geprüfter Webshop assumes full liability for the legal texts created.


General terms and conditions of business

In the following, the contractual conditions are regulated in the context of purchase contracts, which are concluded via the Etsy trading platform between Torsten Spiller, Pfarrstraße 70, 56564 Neuwied - hereinafter referred to as "seller" - and the respective buyer - hereinafter referred to as "customer".

§ 1 Scope, Definitions

1. The following general terms and conditions apply to the business relationship between the seller and the customer in the version valid at the time of the order as well as the respectively valid Etsy terms and conditions. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, § 14 BGB. On the other hand, an entrepreneur is any natural or legal person or legal entity14 BGB.

§ 2 Conclusion of contract

If goods are mentioned below, this also includes digital products (digital content or digital services) and goods with digital elements, if offered.

1. The seller's goods placed on the Etsy sales platform do not constitute a legally binding offer, but only an invitation to the customer to submit an offer.

The customer can submit his offer to purchase a product via the “shopping cart system”. With the shopping cart system, the customer selects goods and can collect them in a so-called shopping cart in the first step by clicking the “Add to cart” button. When the customer has collected all the desired goods in the shopping cart, he selects the desired payment method in the second step and then clicks on the "Proceed to checkout" button. The customer logs in if a user account already exists. If the customer registers for the first time or orders as a guest, the customer data including the billing address and, if applicable, a different delivery address are entered. If the customer decides to pay using an instant payment system (e.g. PayPal), he will be redirected to the respective website of the payment service provider and returned to the Etsy order page after the payment has been processed.
The customer submits a binding request to purchase the goods in the shopping cart by clicking the “Order with obligation to pay” button. By clicking the "Order with obligation to pay" button, the customer also agrees to Etsy's Terms of Use and Privacy Policy.

At any time before placing a binding order, the customer can return to the page on which his data was recorded by pressing the "Back" button in the browser. Input errors can be corrected here. The ordering process can be canceled at any time by closing the internet browser.

2. The receipt of the customer order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about. If the customer has chosen a payment method with immediate payment, the contract is concluded at the time of his confirmation of the payment order. If the customer - if offered - has chosen the payment method advance payment, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the declaration of acceptance by the seller. With this request for payment, the seller accepts the customer's request.

3. The seller saves the text of the contract. The text of the contract, the order data and any warranty conditions will be sent to the customer in text form (by email or in paper format).

§ 3 Production of goods according to customer specifications
1. The customer provides the seller with all necessary content, such as images, texts and files in the specified format for the production of goods that have to be made according to the customer's specifications.
2. The customer grants the seller the necessary rights of use.
3. The customer undertakes to only transmit data that he is authorized to use and that do not infringe the rights of third parties. The customer shall indemnify the seller against the assertion of any claims by third parties and all costs of legal prosecution incurred in this respect.

§ 4 Beginning of the delivery period, delivery, provision of digital content

1. In the case of payment in advance, the delivery period begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
2. Delivery is made to the delivery address specified by the customer on Etsy.
3. If delivery to the customer was not possible and the transport company sends the ordered goods back to the seller, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he 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 this had announced a reasonable time in advance.
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§ 5 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 6 Prices, shipping costs and payment

1. The prices stated on the seller's website are excll. or including the applicable statutory sales tax.
2. Shipping and delivery costs incurred are shown during the ordering process and are to be borne by the customer unless otherwise stated.
3. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
4. During the ordering process, the customer is shown the available payment options.
a) Payments are made via the payment service provider Etsy Payments, Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1 Ireland. These can be payment options such as prepayment and credit card or the use of payment service providers such as PayPal, Klarna or Apple Pay. During the ordering process, the customer receives further information. Etsy Payments may, in its sole discretion, determine the payment options available to customers.
b) If the customer - if offered in a participating shop - chooses the payment option redeem voucher, the voucher amount will be credited to his customer account by redeeming it and the order can thus be paid for. The prerequisite for redeeming a voucher is the existence of a customer account. A redeemed voucher cannot be paid out in cash or credited to another customer account. In the event of cancellation by the customer, the redeemed value of the voucher will be credited back to the customer account.
5. If the customer chooses prepayment as the payment method, payment is due immediately after conclusion of the contract if no later due date has been agreed between the parties.
6. The customer can change the payment method stored in his user account at any time.
7. In the case of shipping to a country outside the European Union, additional costs such as customs duties or taxes may be incurred. These are to be borne by the customer and are not paid to the seller, but directly to the responsible body. This also applies to the return of the goods in the event of a cancellation.

§ 7 Warranty, guarantee

1. There are statutory warranty rights. The seller is liable for defects in the product according to the applicable statutory provisions, in particular
a) according to §§ 434 ff. BGB in the case of material defects,
b) according to §§ 475 c ff. BGB for goods with digital elements,
c) according to §§ 327d ff. BGB for digital products.
2. In relation to entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for the seller's recourse according to § 445a BGB remain unaffected.
3. If there is a guarantee for individual products, this will be expressly pointed out in the product description. The details can be found in the respective guarantee conditions.
4a) If used goods are sold to a consumer, the limitation period for asserting a defect is one year from delivery of the goods. The prerequisite for reducing the limitation period to one year is that the buyer is informed of this prior to the conclusion of the contract and that the reduction in the limitation period has been effectively agreed between the seller and the customer prior to the conclusion of the contract.
4b) The shortening of the limitation period does not apply in the event that the purchased item is one for which the seller has fraudulently concealed the defect or which has been used for a building according to its normal use and has caused its defectiveness. The same applies in the case of claims for damages and reimbursement of expenses as well as in the case of an obligation on the part of the seller to provide updates of digital products and goods with digital elements.
4c) There are no warranty rights when selling used items to entrepreneurs.

§ 8 Rights of Use for Digital Content

1. Unless otherwise agreed, the customer receives the right to access the content provided by the seller and the non-exclusive, temporally and locally unrestricted and non-transferable right to use it exclusively for private purposes.
2. Duplications and publications are - unless otherwise agreed - prohibited.
3. The unrestricted right to use digital content or digital services only exists once the purchase price has been paid in full.
4. If the customer receives usage access from the seller as part of the provision of digital content or digital services (e.g. for online courses), this access data must be treated confidentially and not passed on to third parties. The customer is liable for damage resulting from the unauthorized use/distribution of the access data.

§ 9 Liability

1. Customer claims for damages are excludedclosed. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.

§ 10 Right of Withdrawal

If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy.

§ 11 Data protection

Data protection is particularly important to us. Therefore you will find our data protection declaration under a separate information point.

§ 12 Dispute Resolution Procedure

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 13 Final Provisions

1. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the UN sales law. In the case of orders from consumers from abroad, mandatory regulations or the protection granted by judicial law in the respective country of residence remain in place and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
3. The contract language is German.

§ 14 Notes on Etsy Terms of Use

Etsy's Terms of Use are available at: https://www.etsy.com/de/legal/terms-of-use
The Etsy Payments Policy is available at: https://www.etsy.com/de/legal/etsy-payments/?ref=list
The Etsy Gift Card Policy is available at: https://www.etsy.com/legal/gift-cards