General Terms & Conditions & Cancellation Policy
General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Cancellation Form
A. General Terms and Conditions with Customer Information
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Yueming Jin, trading as "RondoDesign" (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 independent 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 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 The seller enables payment via the payment method Etsy Payments. The customer can use the payment methods offered to him within the framework of Etsy Payments for payment.
When using this payment method, payment processing is carried out via Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in the currencies US dollars or Canadian dollars. In this case, the payment will be processed by Etsy Inc, 117 Adams Street, Brooklyn, NY 11201 , United States of America (hereinafter: Etsy Inc).
Etsy UC or Etsy Inc. enables the customer in the context of payment processing via Etsy Payments the use of various payment methods in the form of
- credit cards
- Debit/Bank cards
- Etsy vouchers and Etsy credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (only in the Netherlands)
- Sofort (Austria and Germany)
- Apple Pay
- Android Pay
For the processing of payments, Etsy UC or Etsy Inc. may use other payment service providers.
Further information on as well as the terms of use of Etsy Payments can be found here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the item and the location of the customer, the aforementioned payment methods may only be available to a limited extent. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or in the context of the order processing.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
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. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be 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
6.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7) Liability for defects
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this the following shall apply:
7.1 If the customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- in the case of used goods, the rights and claims due to defects are generally excluded;
- the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer is acting as a consumer, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer, subject to the restriction of the following clause.
7.3 The limitations of liability and shortening of the limitation period set forth in the preceding clauses shall not apply to
- to items which have been used for a building in accordance with their customary use and have caused its defectiveness
- to claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
8.3 Otherwise, any liability of the Seller shall be excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) 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.
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) Information on the collection of personal data and contact details of the person responsible.
1.1 We are pleased that you are visiting our Etsy presence (hereinafter "Website") and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is all data with which you can be personally identified.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is Yueming Jin, RondoDesign, Am Galgenberg 2a, 97074, Würzburg, Germany, e-mail: rondoym@hotmail.com. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Contacting
In the context of contacting us (e.g. via contact form or e-mail), personal data are collected, which these are, you can see 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 pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. 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 concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order processing
3.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 The personal data collected by us will be passed on 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. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we inform explicitly about this below. The legal basis for the transfer of data is here Art. 6 para. 1 lit. b DSGVO.
3.3 When using the payment method Etsy Payments, the payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in the currencies US dollars or Canadian dollars. In this case, payment processing is carried out 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 DSGVO and only to the extent necessary for the payment processing.
For further information on data protection law, please refer to the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right to information pursuant to Art. 15 DSGVO: In particular, you have a 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 have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 of the GDPR if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 DSGVO: You have the right to have any inaccurate data relating to you corrected without delay and/or to have any incomplete data stored by us completed;
- Right to deletion pursuant to Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
- Right to restriction of processing pursuant to 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, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of 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 has not yet been determined whether our legitimate grounds prevail;
- Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
- Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, 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 on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
4.2 Right of objection
If we process your personal data within the framework of a balancing of interests on the basis of our overriding legitimate interest, you have the right to object to this processing with effect for the future at any time for reasons arising from your particular situation.
If you exercise your right to object, we will stop processing the data concerned. However, we reserve the right to further processing if we can demonstrate compelling legitimate grounds for the processing which override their interests, fundamental rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims.
If your personal data is processed by us for the purposes of direct marketing, you have the right to object at any time to processing of personal data concerning you for the purposes of such marketing. You can exercise the objection as described above.
If you exercise your right to object, we will stop processing the data concerned for direct marketing purposes.
5) Duration of the storage of personal data
The duration of the storage of personal data is measured on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law). After expiration of the period, the corresponding data will be routinely deleted, provided that they are no longer required for contract fulfillment or contract initiation and/or no legitimate interest on our part in the continued storage exists.
6) Reference to the Etsy data protection declaration.
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. For more information on Etsy's data protection, please see Etsy's privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
C. Cancellation policy
Right of withdrawal
You have the right to revoke 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, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Yueming Jin, Am Galgenberg 2a, 97074,Würzburg, e-mail: rondoym@hotmail.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation 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 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 condition, properties and functioning of the goods.
No return or exchange is possible for the following items:
- Due to the nature of these products, no revocation is possible for the following products. Other applies if the products were defective or damaged upon delivery.
- Customized or personalized orders
- Perishable products (such as food or flowers)
- Digital downloads
- Intimate items (for health/hygiene reasons)
- Items on sale
Ausschluss bzw. vorzeitiges Erlöschen des Widerrufsrechts
Das Widerrufsrecht besteht nicht bei Verträgen zur Lieferung von Waren, die nicht vorgefertigt sind und für deren Herstellung eine individuelle Auswahl oder Bestimmung durch den Verbraucher maßgeblich ist oder die eindeutig auf die persönlichen Bedürfnisse des Verbrauchers zugeschnitten sind.
