General terms and conditions for the Etsy Shop MILICAMADE
General Terms and Conditions
1. Scope
These General Terms and Conditions of Sale and Delivery are applicable to all deliveries of goods and digital products by Bojana Grbić under the name „MilicaMade“ at the Etsy internet platform (“Online-Shop”).
2. Formation of contract
2.1. The presentation of products in our online shop is not a legally binding offer but a non-binding online catalogue.
2.2. By clicking the button "Send order" during the final step of the order proce-dure, you agree to a binding order of all goods in the shopping cart. The purchase contract comes into being when we accept your order with an order con-firmation by email immediately after re-ceiving the order.
3. Right to cancel
Consumers in the EU are entitled to the statutory right to cancel, as described in the following instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
Instructions on the right to cancel:
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Bojana Grbic, MilicaMade, Von-Einem-Straße 46, 45130 Essen, Germany, bngc.e@yahoo.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not ob-ligatory.
To meet the cancellation deadline, it is sufficient for you to send your communi-cation concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reim-burse to you all payments received from you, including the costs of delivery (ex-cept for the supplementary costs arising if you chose a type of delivery other without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to with-draw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evi-dence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right to cancel does not exist by following contracts:
Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
Contracts for the supply of digital products.
Model cancellation form
(If you want to cancel the contract, you can fill out the form below and send it back to us.)
– To Bojana Grbic, MilicaMade, Von-Einem-Straße 46, 45130 Essen, Ger-many, bngc.e@yahoo.com.
– I / We hereby give notice that I /We cancel my/our contract of sale of the following goods
– Ordered on […] / received on […]
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this for is notified on paper)
– Date
4. Prices
4.1. All prices are the total price for each product. As this is a small business ac-cording to § 19 UStG (German sales tax law) German sales taxes will not be charged.
4.2. Any eventual additional delivery and shipping costs are provided separately in the offer in the respective product presentation. In the case of deliveries to countries outside of the European Union, additional costs, e.g. additional taxes and/or expenses, such as in the form of customs, duties, are due in individual cases and will not be borne by us.
5. Delivery conditions
5.1. The delivery will take place at the address stated by the purchaser in the order. If the dispatched goods are returned to us by the transport company because delivery to you was not possible, you will bear the costs of the unsuccessful dispatch. This does not apply if you are not responsible for the circumstance that led to the impossibility of delivery or if you were temporarily prevented from accepting the service offered, unless we have given you the service in a reasonable amount of time announced beforehand. Furthermore, this does not apply with regard to the shipping costs if you effectively exercise your right of cancellation. If you effectively exercise your right of cancellation, the provisions in our cancellation policy apply to the return costs.
5.2 Digital products are only made available to you in electronic form as a download. You are granted the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes. It is not permitted to pass on the content to third parties or to make copies for third parties outside the scope of these terms and conditions, unless we have consented to the transfer of the contractual license to the third party.
6. Payment
6.1. Payment must be made using the payment method “Etsy Payments”. You can use the payment methods offered to you as part of Etsy Payments for payment. 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 dollars. In this case, payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). Etsy UC and Etsy Inc. can use other payment service providers to process payments.
6.2. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert a complaint about defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same sales contract.
7. Retention of Title
The goods remain our property until they have been paid in full.
8. Warranty
8.1. We are liable for material or legal defects of delivered goods according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
8.2. Please complain about delivered goods with obvious transport damage to the deliverer and inform us accordingly. If you fail to do so, this has no effect on your statutory or contractual claims for defects.
8.3. Any seller guarantees given by us for certain items or manufacturer guarantees given by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1 enclosed if necessary.
9. Liability
9.1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
9.2. In other cases - unless otherwise stipulated in Paragraph 3 - we are only liable in the event of a breach of a con-tractual obligation, the fulfillment of which enables the proper execution of the con-tract in the first place and on whose compliance you as a customer can regu-larly rely, limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
9.3. Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limita-tions and exclusions of liability.
10. Copyrights
We have copyrights to all images, films and texts that are published by us on Etsy. Use of the images, films and texts is not permitted without our express con-sent.
11. Applicable law and place of ju-risdiction
The law of the Federal Republic of Ger-many applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
12. Dispute Resolution
The EU Commission has created an in-ternet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settle-ment of disputes regarding contractual obligations arising from online sales con-tracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to partici-pate in a dispute settlement procedure before a consumer arbitration board.
