T Y P E H A R T
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Esther Hartmann
Weidenallee 14
20357 Hamburg
Germany
e-mail: zinnober@typehart.de
phone: +49 (0)176 78578932
VAT: DE118308151
Copyright: All published texts and pictures are subject to the copyright of the provider. Reproduction, distribution or public reproduction is only permitted with a non-transferable consent of the provider.
GENERAL TERMS AND CONDITIONS
§ 1 basic provisions
§ 2 contract conclusion
§ 3 essential characteristics of the goods
§ 4 right of retention, retention of title
§ 5 warranty
§ 6 liability
§ 7 right of revocation
§ 8 choice of law, place of performance, place of jurisdiction
§ 9 dispute resolution
§ 10 prices, payment methods
§ 11 delivery conditions
§ 12 severability clause
§ 1 basic provisions
(1.1) The General Terms and Conditions (hereinafter referred to as "GTC") apply to all online orders via the online trading platform www.etsy.com at TYPEHART, Esther Hartmann (hereinafter referred to as "provider or seller") of consumers or entrepreneurs (hereinafter referred to as consumer or buyer) and resulting contracts between the seller ...
Esther Hartmann
Weidenallee 14
D-20357 Hamburg
Tel .: +49 (0) 176 78578932
E-Mail: zinnober@typehart.de
... and the buyer in the version valid at the time of the online order.
All agreements not contained in these conditions, especially if they are contrary to the following provisions of these terms and conditions, are ineffective, unless they have been confirmed in writing by the provider.
The languages available for the contract are german and english.
(1.2) Consumers within the meaning of these terms and conditions is any natural adult person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.
(1.3) Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without the provider having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if the provider has expressly consented to this.
§ 2 contract conclusion
(2.1) The subject of the contract is the sale of goods.
The Internet offers are not yet a binding offer to conclude a contract.
(2.2) Consumers can submit a binding purchase offer (order) via the online shopping cart system of Etsy.
The order is made according to the following scheme:
I. Selection of the desired product
II. Confirm by clicking the button "add to cart"
III. Call the shopping cart by clicking the button "go to cart"
IV. Checking and, if necessary, updating the information within the shopping cart
V. Click on the button "checkout"
VI. Indication of the data necessary for the order processing, examination and if necessary correction of the entered data
VII. Press the button "check order"
VIII. Binding submission of the order via the button "order for payment"
If the buyer wants to correct entered data, the appropriate "back" button within the etsy shop page can be used before the order process is completed. This will display the previous etsy shop page where the buyer details were collected. Input errors can be corrected here. The entire order process can also be aborted by closing the internet browser.
(2.3) The acceptance of the offer and thus the conclusion of the contract will be made immediately after order by the written confirmation (automatically via the etsy notification system), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If the buyer does not receive an order confirmation, the binding to the order is canceled. In this case services already rendered by the buyer will be refunded immediately.
(2.4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, partly automated. The buyer therefore has to ensure that the deposited e-mail address is correct, that the reception of the e-mails is technically ensured and not prevented by SPAM filters.
§ 3 essential characteristics of the product or service
(3.1) The essential features of the goods and/or services can be found in the respective offer on the internet presence of the provider and summarized when ordering in the article name.
§ 4 right of retention and retention of title
(4.1) A right of retention can only be exercised by the buyer, as far as claims from the same contractual relationship are concerned.
(4.2) The goods remain the property of the provider until full payment of the purchase price.
§ 5 warranty
(5.1) The statutory warranty rights are binding.
(5.2) In terms of appearance, the images of the goods may differ slightly especially in color from the appearance of the delivered goods. Claims for defects do not exist in this regard.
(5.3) If the goods are defective, however, the buyer may make use of the provisions of the statutory liability for defects. In these cases the resulting, defective goods must be returned to the seller, who pays the shipping costs.
(5.4) For individual items or goods that are no longer in the assortment, or those whose repair or replacement exceeds the value of the goods, the buyer will receive equivalent replacement or refund of the purchase price as desired. Further claims do not exist. The purchase price must be proven on the basis of the invoice.
(5.5) The use in accordance with the article will be explained upon delivery with care instructions. The seller is not liable for damage to the goods due to improper handling or use.
§ 6 liability
(6.1) For claims due to damages caused by the provider, its legal representatives or vicarious agents, there is unlimited liability:
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of a guarantee promise, as far as agreed,
- in application areas of the product liability law.
(6.2) In case of breach of essential contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations), by slight negligence of the provider, its legal representatives or vicarious agents, the liability shall be limited to the conclusion of the contract foreseeable damage, the occurrence of which typically must be expected. Incidentally, claims for damages are excluded.
For transport damages applies:
(6.3) ... for consumers:
If goods are delivered with obvious transport damage, such errors are to be complained about by the buyer as soon as possible at the deliverer and to inform the seller immediately. The failure to complain or to contact has no consequences for the legal claims of the customer and his enforcement, in particular the warranty rights. The buyer, however, helps assert claims of the seller against the carrier or the transport insurance.
(6.4) ... for entrepreneurs:
The risk of accidental loss and accidental deterioration passes to the buyer as soon as the goods have been delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If the buyer omits the advertisement regulated there, then the goods are considered as approved, unless it concerns a defect, which was not recognizable with the investigation. This does not apply if a defect on the part of the seller was fraudulently concealed.
§ 7 right of revocation
(7.1) The buyer has the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period shall be fourteen days from the date ...
... on which the purchaser or a third party designated by him who is not the carrier, has taken possession of the goods, provided that he has ordered one or more goods under a single order and that they are delivered uniformly;
... on which the purchaser or a third party designated by him, other than the carrier, has taken possession of the last product, provided that he has ordered several goods under a single order and that these have been delivered separately.
(7.2) In order to exercise the right of revocation, the buyer must inform the provider (Esther Hartmann, Weidenallee 14, 20357 Hamburg, Germany, e-mail: zinnober@typehart.de) with a clear written declaration (post letter or e-mail) about the decision to revoke this contract. For this purpose, but not necessarily, the attached sample revocation form can be used.
(7.3) The revocation period is fullfilled, when the notice of exercise of the right of revocation is sent before the end of the revocation period.
Consequences of revocation:
(7.4) In case of revocation, payments of the buyer, excluding the costs of return, shall be reimbursed immediately and, at the latest, within fourteen days from the date on which the notice of revocation is received. The same method of payment used in the original transaction will be used for repayment, unless otherwise expressly agreed. Under no circumstances fees are charged on the basis of this repayment.
Repayment may be denied by the provider until receipt of the goods, unless the buyer provides a verifiable proof of the return of the goods.
(7.5) The buyer must return or hand over the goods immediately and in any event no later than fourteen days from the date of the revocation. The deadline is met if the goods are dispatched before the expiry of the period of fourteen days.
The buyer pays the costs of the goods return.
(7.6) The buyer must pay for any loss of value of the goods, if this loss of value is due to a handling of them that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion or extinction reasons:
(7.7) The right of revocation does not apply to contracts for the supply of goods that 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.
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sample revocation form
Please complete and send to:
Esther Hartmann, Weidenallee 14, 20357 Hamburg, Germany
e-mail: zinnober@typehart.de
I revoke my contract for the purchase of the following goods:
ordered on ___________________________ received on _____________________________
_____________________________________________________________________________________
name buyer
_____________________________________________________________________________________
address buyer
_____________________________________________________________________________________
date, place and signature buyer
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
§ 8 choice of law, place of performance, place of jurisdiction
(8.1) German law applies. In the case of consumers this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the constitution of the consumer's habitual residence (favorable principle).
(8.2) The place of performance for all services arising from the business relationships existing with the provider as well as the place of jurisdiction is Hamburg, insofar as the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the buyer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(8.3) The provisions of the UN Sales Convention explicitly do not apply.
§ 9 dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at: http://ec.europa.eu/consumers/odr/
§ 10 prices, payment methods
(10.1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including applicable taxes.
(10.2) The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on the website of the provider or in the respective item description and will be shown separately during the ordering process. The shipping costs must be paid by the buyer in addition, as far as a free shipping delivery was not promised.
(10.3) The available payment methods are shown under a corresponding button on the website of the provider and in the respective item description.
(10.4) Unless otherwise stated in the individual payment methods, payment entitlements under the contract are due for payment immediately.
(10.5) These payment methods are possible and will be processed via etsy payments:
- Credit Card (VISA / MasterCard / American Express / Discover)
- SOFORT
- PayPal
- Etsy Voucher
§ 11 delivery conditions
(11.1) The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on the website of the provider and in the respective item description.
(11.2) After receipt of payment, the goods will be shipped within one working day. The delivery time depends on the destination country – in Germany it is depending on the shipping method / route between 1 and 3 working days, in Europe between 2 and 4 working days, USA 3-7 working days.
§ 12 Severability clause
If any part of these terms and conditions prove to be invalid, the remaining points will be unaffected.
Hamburg 27.05.2021
