Please note the following revocation instructions and sample revocation form as well as our General Terms and Conditions with customer information:
General terms and conditions with customer information & information on data protection & revocation instructions & revocation form
Table of contents
A. General Terms and Conditions with customer information
Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
Applicable law
Alternative dispute resolution
B. Information on data protection
Information on the collection of personal data and contact details of the controller
Making contact
Data processing for order processing
Rights of the data subject
Duration of storage of personal data
Reference to the Etsy privacy policy
C. Cancellation policy
Right of withdrawal
Consequences of the revocation
Exclusion or premature expiry of the right of withdrawal
D. Revocation form
A. General Terms and Conditions with Customer Information
1) Scope of application
1.1 These General Terms and Conditions of the company luxdag GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller on 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 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.
1.3 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 their commercial or independent professional activity.
2) Conclusion of contract
2.1 By listing an item on Etsy, the seller submits 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 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 is concluded for the goods previously selected by the customer.
2.3 The text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after conclusion of the contract together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.
2.4 Before placing a binding order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before submitting the binding 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 withdrawal can be found in the seller's withdrawal policy
4) Prices and terms of payment
4.1 The prices quoted by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying by means of a payment method offered via the payment service "Etsy Payments", payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in 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 the payment services of third parties to process payments. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or as part of the order processing. Further information on and the terms of use of Etsy Payments can be found here: etsy.com/en/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the delivery of goods shall be made by shipping to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive.
5.2 If the 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 return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
6) Retention of title
If the seller makes advance payment, he shall retain title to 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 provisions, the provisions of statutory liability for defects shall apply. This does not apply 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 subsequent 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, rights and claims for defects are excluded
- the limitation period shall not begin again if a replacement delivery is made as part of the liability for defects
7.3 The aforementioned limitations of liability and shortening of time limits shall not apply
- to 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 normal use 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, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage 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 insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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.
9.2 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) Information on the collection of personal data and contact details of the controller
1.1 We are pleased that you are visiting our Etsy site (hereinafter "Website") and thank you for your interest. In the following, we inform you about how we handle your personal data when you use our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing within the meaning of the General Data Protection Regulation (GDPR) is luxdag GmbH, Contrescarpe 8c, 28203 Bremen, Germany, e-mail: info@luxdag.com. The controller responsible for 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) Making contact
When you contact us (e.g. via contact form or e-mail), personal data is collected; you can see what this is from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding 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 matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order processing
3.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Article 6 Paragraph 1 Letter b of the GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to provide you with our legal information obligations in accordance with Art. 6 Para 1 lit. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.2 When using the Etsy Payments payment method, payment is 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 currencies Dollar. In this case, payment is processed via 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 that this is necessary for payment processing.
For further data protection information, please see Etsy's privacy policy: etsy.com/de/legal/privacy/
4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible regarding 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 the 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 it was not collected from you by us, that Existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and intended effects of such processing affecting you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries.
Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of 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 Paragraph 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 accuracy of your data you dispute is checked, if you refuse to delete your data due to unlawful data processing and instead Request 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 relating to your particular situation as long as it is not yet clear whether our legitimate interests are reasons predominate.
Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed this rectification or deletion of the data or Restriction of processing unless this proves impossible or involves 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 the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, to the extent that this is technically feasible.
Right to revoke consent given 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 consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
Right to complain in accordance with Art. 77 GDPR: If you are of the opinion that the processing of personal data concerning you violates 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 residence, place of work or place of the alleged infringement.
4.2 Right to object
If we process your personal data based on our overriding legitimate interest as part of a balancing of interests, you have the right at any time to object to this processing with future effect for reasons arising from your particular situation.
If you exercise your right to object, we will stop processing the data concerned. However, further processing is reserved if we can demonstrate compelling legitimate reasons 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 the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising. You may object 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 storage of personal data is determined based on the respective legal basis, the purpose of processing and - if relevant - additionally based on the respective legal retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data will be stored until the person concerned revokes their consent.
If there are statutory retention periods for data that are processed within the framework of legal or transaction-like obligations on the basis of Art. 6 Abs. 1 lit. a GDPR and/or we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the 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 marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
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. Further information on Etsy's data protection can be found in Etsy's privacy policy: etsy.com/en/legal/privacy/?ref=ftr
C. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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.
To exercise the right to cancel, you must inform us (luxdag GmbH, Contrescarpe 8c, 28203 Bremen, Deutschland, E-Mail: info@luxdag.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we may refuse to issue a refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within twenty-one days at the latest 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 twenty-one day period has expired.
You shall bear the direct costs of returning the goods.
You 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 checking their condition, properties and functionality.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which 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.
D. Cancellation form
If you wish to withdraw from the contract, please complete this form and return it to us.
To
luxdag GmbH
Contrescarpe 8c
28203 Bremen
Bremen, Germany
E-mail: info@luxdag.com
I/we (*) hereby withdraw from 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 for notification on paper)
_________________________
Date(s)
(*) Delete as appropriate
