AGB & Cancellation policy
Imprint/ Cancellation Policy/ Sample Cancellation Form/
General Terms and Conditions and Customer Information/
Privacy policy
Imprint
Legal provider identification:
Nadine Schmitz
Hagenstrasse 14
48301 Nottuln
Germany
01795295473
E-mail: info@mirandas-choice.de
VAT number: DE294141979
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform).
available at https://ec.europa.eu/odr.
We have been a member of the "FairCommerce" initiative since 24.08.2015.
You can find more information about this at www.fair-commerce.de.
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither his or her
neither their commercial nor their self-employed professional activity).
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
- the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or has
goods or has taken possession of the goods if you have ordered one or more goods as part of a uniform order
and these are or will be delivered uniformly;
- the day on which you or a third party named by you, who is not the carrier, has taken or has taken possession of the last goods
goods, if you have ordered several goods as part of a single order and they are delivered separately
and these are delivered separately;
In order to exercise your right of withdrawal, you must send us (Nadine Schmitz, Hagenstrasse 14, 48301 Nottuln, Germany
01795295473, e-mail: info@mirandas-choice.de) by means of an unequivocal statement
(e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract,
inform us. You can use the enclosed model cancellation form, which is not, however, mandatory.
prescribed.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
the expiry of the revocation period.
Consequences of the revocation
If you cancel this contract, we will return to you all payments 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
delivery other than the cheapest standard delivery offered by us) without delay and at the latest within
and at the latest within fourteen days of the day on which we received notification of your revocation of this contract.
of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original
the original transaction, unless expressly agreed otherwise with you.
In no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods.
or until you have provided proof that you have returned the goods, whichever is the earlier.
is.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract.
the day on which you notify us of the cancellation of this contract. The deadline is
The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 an inspection of the goods that is necessary for the inspection.
the condition, properties and functioning of the goods is not necessary.
the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or
by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
personal needs of the consumer;
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their
for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature; or
mixed with other goods;
(If you wish to cancel the contract, please complete and return this form).
- Nadine Schmitz, Hagenstrasse 14, 48301 Nottuln, Germany, e-mail: info@mirandas-choice.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 consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where inapplicable.
General terms and conditions and customer
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Nadine Schmitz) via the internet platform etsy. Unless otherwise agreed, the inclusion of any
of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for
purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
can be attributed to them. An entrepreneur is any natural person or legal entity or a partnership with legal capacity
partnership which, when entering into a legal transaction, acts in the exercise of its independent professional or commercial
commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by us on etsy, the activation of the offer page on etsy constitutes a binding offer to conclude a purchase contract.
binding offer to conclude a purchase contract under the conditions contained in the article page.
(3) The purchase contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the
the navigation bar, you can call up the "shopping basket" and make changes there at any time. After
selection of the payment method and calling up the "Proceed to checkout" page
you will be asked to enter your personal data and the data relating to the method of payment. Finally, all the order data is
order data are displayed again on the order overview page.
Before submitting the order, you have the option of checking all the details again on the order overview page.
change them (also via the "back" function of the Internet browser) or cancel the purchase.
cancel the purchase.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer.
acceptance of the offer, whereby the purchase contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall take place by e-mail, in part automatically.
is carried out by e-mail, in part automatically. You must therefore ensure that
that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured
and in particular that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system.
or files required for the individual design of the goods via the online ordering system or by e-mail at the latest
available. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights,
rights (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You expressly
from all claims asserted by third parties in this context. This also applies to
This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
liability for errors.
(4) Insofar as stated in the respective item description, you will receive a correction template from us, which you must
which you are to check without delay. If you are in agreement with the draft, you shall give the
correction template for execution by countersignature in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proofs for correctness and completeness and for informing us of any errors.
and to inform us of any errors. We accept no liability for errors that are not objected to.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately on delivery for completeness, obvious defects and transport damage and to inform us of any defects.
obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible.
as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
warranty claims.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not affect the
of the law of the country of the consumer's habitual residence (favourability principle).
(favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Nadine Schmitz
Hagenstrasse 14
48301 Nottuln
Germany
01795295473
E-Mail: info@mirandas-choice
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform).
available at https://ec.europa.eu/odr.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities
and correction options are carried out in accordance with the "Conclusion of the contract" provisions of our General
Terms and Conditions (Part I.).
3. contract language, storage of contract text
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order, the contract data can be
data can be printed out or electronically saved using the browser's print function. After
the order data, the information required by law in the case of distance selling contracts and the general
information required by law for distance contracts and the General Terms and Conditions of Business will be sent to you again by e-mail. 4.
4. essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5 Prices and payment terms
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They
They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be ordered via a correspondingly
button on our website or in the respective offer, are shown separately in the course of the ordering process, and are not
separately during the ordering process and shall be borne by you in addition, unless free delivery has been
delivery free of shipping costs has been promised.
5.3 If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as shipping costs.
costs for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or
exchange rate fees of the credit institutions), which are to be borne by you. Any costs incurred for the
costs of money transmission are also to be borne by you in cases in which the delivery is made to an EU member state
EU member state but the payment was initiated outside the European Union.
5.4 The methods of payment available to you are listed under a correspondingly designated button on our website or in the respective order form.
button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the
contract are due for payment immediately.
6. terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found
under a correspondingly designated button on our website or in the respective offer.
Insofar as no other period is specified in the respective offer or under the correspondingly designated button, the
the goods will be delivered within 3-5 days after the conclusion of the contract (in the case of an agreed advance payment, however
payment, however, only after the time of your payment instruction). 6.2.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the
deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the
the goods to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you
independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to
to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk. 7.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions of
Terms and Conditions (Part I).
last update: 07.12.2017
Privacy policy
Unless otherwise stated below, the provision of your personal data is neither required by law or contract
data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are
not obliged to provide the data. Failure to provide it will have no consequences. This only applies insofar as
no other indication is made in the subsequent processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.
identifiable natural person.
Collection, processing and disclosure of personal data when placing an order
When you place an order, we collect and process your personal data only insofar as this is necessary to fulfil and process your order and to process your enquiries.
processing your order and handling your enquiries. The provision of the data is
necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded.
can be concluded. The processing is based on Art. 6 Para. 1 lit. b DSGVO and is necessary for the fulfilment of a contract with you.
of a contract with you.
Your data will be passed on, for example, to the shipping company you have chosen.
Duration of storage
After the contract has been fully processed, the data is initially stored for the duration of the warranty period,
thereafter, taking into account legal, in particular tax and commercial law, retention periods
and then deleted after expiry of the period, unless you have consented to further processing and use.
you have not consented to further processing and use.
Rights of the data subject
You are entitled to the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met:
Right to information, to correction, to deletion, to restriction of processing, to
data portability.
In addition, according to Art. 21 (1) DSGVO, you have the right to object to processing based on Art.
6 (1) f DSGVO, as well as against processing for the purpose of direct marketing.
Contact us if you wish. You can find the contact details in our imprint.
Right of complaint to the supervisory authority
In accordance with Art. 77 DSGVO, you have the right to complain to the supervisory authority if you are of the
that your personal data is not being processed lawfully.
Right of objection
If the processing of personal data listed here is based on our legitimate
If the personal data processing listed here is based on our legitimate interest according to Art. 6 Para. 1 lit. f DSGVO, you have the right to object to this processing at any time for reasons
situation, to object to this processing at any time with effect for the future.
After the objection has been made, the processing of the data concerned will be terminated, unless we can show compelling
compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing of the data
or if the processing serves the assertion, exercise or defence of legal claims.
legal claims.
If personal data is processed for direct marketing purposes, you may object to this processing at any time by notifying us.
you may object to this processing at any time by notifying us. After the objection has been made, we will stop
processing of the data concerned for direct marketing purposes.
last update: 29.06.2020
