general terms & conditions & cancellation policy
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION & INFORMATION ON DATA PROTECTION & CANCELLATION POLICY & CANCELLATION FORM
Table of Contents
A. General Terms and Conditions with Customer Information
Area of validity
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
Applicable law
Place of jurisdiction
Alternative dispute resolution
B. Information on data protection
Collection, processing, use and disclosure of personal data
Social Plugins
Your rights and contact
C. Cancellation policy
Right of revocation
Consequences of the revocation
D. Cancellation form
A. General Terms and Conditions with Customer Information
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Hydrokultur-Design GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 self-employed professional activity.
2) Conclusion of contract
2.1 By placing 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 on Etsy. For this purpose, 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 the button that concludes the order process, the customer declares 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 shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions and Customer Information after conclusion of the contract. The Seller shall not make the text of the contract accessible beyond this.
2.4 Before bindingly placing the order, the customer can recognize 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 binding submission of the order within the framework 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 revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices stated by the Seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Various payment options are available to the customer, which are indicated in the seller's offer on Etsy.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method "PayPal" is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4.5 For payments via "Etsy voucher", the voucher conditions of Etsy apply, which can be viewed at https://www.etsy.com/de/help/article/3292.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy is decisive.
5.2 If the 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 the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable Law
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) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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 involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
B. Information on data protection
1) Collection, processing, use and disclosure of personal data
1.1 Personal data is only collected by us if you provide it to us voluntarily for the purpose of processing the contract. We use the personal data you provide on this occasion to process the contract and to process your inquiries.
1.2 We pass on your data 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.
1.3 When paying by credit card via PayPal or by direct debit via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, as part of the payment processing.
1.4 After complete processing of the contract, your data will be stored with regard to retention periods under tax and commercial law, but will be blocked for other purposes and deleted after expiry of these periods, unless you have expressly consented to the further use of your data.
2) Social Plugins
2.1 On the Etsy pages, so-called social plugins ("Plugins") of the social network Facebook are used, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). If you call up a page of ours on Etsy that contains such a plugin, your browser establishes a direct connection to the servers of Facebook.
Through the integration, Facebook receives the information that your browser has called up the corresponding Etsy page, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can directly assign the visit to our Etsy pages to your Facebook profile. If you interact with the plugins, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy: http://www.facebook.com/policy.php.
If you do not want Facebook to directly assign the data collected via our pages on Etsy to your Facebook profile, you must log out of Facebook before visiting our pages on Etsy.
2.2 On the Etsy pages, so-called social plugins ("plugins") of the social network Pinterest are used, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest"). If you call up a page of ours on Etsy that contains such a plugin, your browser establishes a direct connection to the servers of Pinterest. The plugin transmits so-called log data to the Pinterest server in the USA. This log data may contain the IP address, the address of the visited websites that have Pinterest functions, type and settings of the browser, date and time of the request, your use of Pinterest as well as cookies. For the purpose and scope of the data collection and the further processing and use of the data by Pinterest, as well as your rights in this regard and setting options for protecting your privacy, please refer to Pinterest's privacy policy: https://about.pinterest.com/de/privacy-policy.
3) Your rights and contact
You have a right to free information about your data stored by us and, if applicable, a right to correction, blocking or deletion of this data. If you have any questions about the collection, processing or use of your personal data, you can contact us free of charge. You can find our contact address in our imprint.
C. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Hydrokultur-Design GmbH, Deichstraße 10, 26789 Leer, Germany, Tel.: 0491/212 795 90, Fax: 0491/212 795 98, E-Mail: mail@hydrokultur-design.de) by means of a clear declaration (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 withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 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 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 returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within twenty-one days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of twenty-one days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
D. Cancellation form
If you want to revoke the contract, please fill out this form and send it back.
To
Hydrokultur-Design GmbH
Deichstraße 10
26789 Leer
Germany
Fax: 0491/212 795 98
E-Mail: mail@hydrokultur-design.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 the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete where not applicable
