Terms and 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
–––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––
1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable Law
9. Place of jurisdiction
10. Alternative dispute resolution
11. Code of Conduct
B. Information on data protection
––––––––––––––––––––––––––––––––
1. Information about the collection of personal data and contact details of the person responsible
2. Establishing contact
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy privacy policy
C. Cancellation policy
–––––––––––––––––––––
1. Right of withdrawal
2. Consequences of the withdrawal
D. Withdrawal Form
––––––––––––––––––––
A. General terms and conditions with customer information
–––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Karmandala e.K. (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods displayed by the seller on the Internet trading platform Etsy (hereinafter "Etsy") . The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the 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 using the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart at 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, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The contract text is saved by the seller and sent to the customer after the conclusion of the contract along with the present terms and conditions and customer information in text form (e.g. e-mail, fax or letter). Any further provision of the contract text by the seller himself does not take place.
2.4 Before placing 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 representation 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 generally have a right of withdrawal.
3.2 More detailed 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 that may arise are specified separately in the respective product description.
4.2 In the case of 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer 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) is / are communicated to the customer in the seller's offer on Etsy.
4.4 When paying by means of a payment method offered by 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 the 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. can 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 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/de/legal/etsy-payments/?ref=list
4.5 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing at 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. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies 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 will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
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 data protection from Etsy can be found in the data protection information from Etsy: etsy.com/de/legal/privacy/?ref=ftr
–––––––––––––––––––––
C. Cancellation policy
–––––––––––––––––––––
Right of withdrawal
You have the right to cancel 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, has taken possession of the last goods.
In order to exercise your right of withdrawal, you must send a clear declaration to us (Karmandala eK, Büttnerstr., 22, 30165 Hannover, Germany, Tel .: 017645746817, email: info@karmandala.de) by means of a clear declaration (e.g. by post sent letter or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, 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 the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than twenty-one days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the twenty-one day period has expired.
You 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 to check the nature, properties and functionality of the goods.
––––––––––––––––––––
D. Withdrawal Form
––––––––––––––––––––
If you want to cancel the contract, please fill out this form and send it back.
At
Karmandala e.K.
Büttnerstrasse, 22
30165 Hanover
Germany
Email: info@karmandala.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 if this is communicated on paper)
_________________________
date
(*) Delete where inapplicable
------------------
Copyright notice: These terms and conditions were created by the specialist lawyers at the IT law firm under DOCID: ## ITK-b3ca441d61179d1cb6bf4616a0e0318b ## and are protected by copyright (www.it-recht-kanzlei.de).