General Terms and Conditions & Privacy Policy & Cancellation Policy & Withdrawal Form
Table of Contents
A. General Terms and Conditions
Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects
Special Conditions for the Processing of Goods According to Specific Customer Requirements
Applicable Law
Alternative Dispute Resolution
Code of Conduct
B. Privacy Policy
Information on the Collection of Personal Data and Contact Details of the Controller
Contact
Data Processing for Order Processing
Rights of the Data Subject
Duration of Storage of Personal Data
Information Regarding Etsy’s Privacy Policy
C. Cancellation and Withdrawal Policy
Introduction
Right of Withdrawal
Consequences of Withdrawal
Exclusion or Early Expiration of the Right of Withdrawal
D. Withdrawal Form
A. General Terms and Conditions
1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Latife Yazicilar, operating under the name “Lady Mirage unique & handmade” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller on the online marketplace Etsy (hereinafter “Etsy”). The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
1.3 For the purposes of these GTC, a business customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of the Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer to sell that item.
2.2 The Customer may accept the Seller’s offer using the online order form provided by Etsy. To do so, the Customer must first place the desired item in the virtual shopping cart on Etsy and then complete the ordering steps specified by Etsy. By clicking the button that completes the ordering process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the Customer.
2.3 The Seller stores the text of the contract and sends it to the Customer after conclusion of the contract, together with these GTC and the Customer information, in text form (e.g. by email, fax or letter). The Seller does not provide any further access to the contract text.
2.4 Before submitting the order in a binding manner, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function may serve as an effective technical means of making input errors easier to identify. The Customer may correct their entries using the usual keyboard and mouse functions during the electronic ordering process before submitting the order in a binding manner.
2.5 The German language is available for the conclusion of the contract.
2.6 The following additional language is available for the conclusion of the contract:
English
3. Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller’s cancellation and withdrawal policy.
4. Prices and Payment Terms
4.1 The prices stated by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees or currency exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers 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 available payment method(s) will be communicated to the Customer in the Seller’s offer on Etsy.
4.4 If a payment method offered through the “Etsy Payments” payment service is used, payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter “Etsy UC”), or, if payment is made in US dollars or Canadian dollars, by 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 through Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment service providers to process payments. The payment method(s) available for the respective goods will be displayed to the Customer in the Seller’s respective offer or during the ordering process. Further information and the terms of use of Etsy Payments are available at:
etsy.com/de/legal/etsy-payments/?ref=list
5. Delivery and Shipping Terms
5.1 Goods shall be delivered by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address stated during the Etsy ordering process shall be decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions contained in the Seller’s cancellation and withdrawal policy shall apply in the event that the Customer effectively exercises their right of withdrawal.
5.3 If the Customer is a consumer residing in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event that the Seller is not correctly or properly supplied by its own suppliers. This shall only apply if the failure to deliver is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with the required diligence. The Seller shall make all reasonable efforts to obtain the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and any consideration already paid shall be refunded immediately.
6. Retention of Title
If the Seller makes an advance delivery, the Seller shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1 If the Customer acts as a business customer:
the Seller shall have the right to choose the type of subsequent performance;
for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
claims based on defects shall be excluded for used goods;
the limitation period shall not begin again if replacement delivery is made as part of liability for defects.
7.2 The above limitations of liability and reductions of limitation periods shall not apply:
to claims for damages and reimbursement of expenses by the Customer;
if the Seller has fraudulently concealed the defect;
to goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness;
to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 In addition, for business customers, statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the Customer is a registered commercial trader within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect the goods and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.
7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the delivery person and inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
8.1 If, according to the content of the contract, the Seller is obliged not only to deliver the goods but also to process them according to specific requirements of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller and grant the Seller the necessary rights of use. The Customer is solely responsible for obtaining and acquiring the rights to such content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights or personal rights.
8.2 The Customer shall indemnify the Seller against claims by third parties that may be asserted against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also bear the reasonable costs of necessary legal defence, including all court and statutory attorney fees. This shall not apply if the Customer is not responsible for the infringement. In the event of claims by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required to examine the claims and defend against them.
8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates statutory or official prohibitions or public morality. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
9. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
10. Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Code of Conduct
The Seller has agreed to comply with the participation conditions of the eCommerce initiative “Fairness im Handel”, which can be viewed online at:
fairness-im-handel.de/teilnahmebedingungen/
B. Privacy Policy
1. Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our Etsy presence (hereinafter “Website”) and thank you for your interest. Below, we inform you about how your personal data is handled when using our Website. Personal data means all data that can be used to personally identify you.
1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is:
Latife Yazicilar
Lady Mirage unique & handmade
Sommerstraße 18
13409 Berlin
Germany
Tel.: 03025200852
Email: ladymirage@outlook.com
The controller responsible for processing personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.
2. Contact
If you contact us (e.g. via the contact form or email), we collect the personal data you provide to us for this purpose. This data is stored and used exclusively for the purpose of processing your request and the associated technical administration.
The legal basis for processing the data is our legitimate interest in processing your request pursuant to Art. 6(1)(f) GDPR. If your contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR.
Your data will be deleted after your request has been finally processed unless statutory retention obligations prevent this. We consider your request to have been finally processed when the circumstances indicate that the matter in question has been conclusively clarified.
3. Data Processing for Order Processing
3.1 Where necessary for the processing of the contract for delivery and payment purposes, the personal data we collect shall be transferred pursuant to Art. 6(1)(b) GDPR to the commissioned transport company and the commissioned financial institution.
If, based on a corresponding contract, we owe you updates for goods with digital elements or for digital products, we process the contact details you provided when placing your order in order to personally inform you within the scope of our statutory information obligations pursuant to Art. 6(1)(c) GDPR.
Your contact details are used strictly for the purpose of communications concerning updates owed by us and are processed only to the extent necessary for the respective information.
For the processing of your order, we also work with the following service provider(s), who support us in whole or in part in carrying out concluded contracts. Certain personal data shall be transferred to these service providers in accordance with the information below.
3.2 Billbee
Order processing is carried out via the service provider “Billbee” (Billbee GmbH, Arolser Str. 10, 34477 Twistetal).
Name, address and, where applicable, other personal data are transferred to Billbee pursuant to Art. 6(1)(b) GDPR exclusively for the processing of the online order.
Your data is only transferred to the extent actually required for processing the order.
Details regarding data protection at Billbee and Billbee’s privacy policy can be found at:
billbee.io/datenschutz
Printify
For order processing, we use the following provider:
Printify Inc.
108 West 13th Street
Wilmington 19801
Delaware, USA
Name, address and, where applicable, other personal data are transferred to the provider pursuant to Art. 6(1)(b) GDPR exclusively for the purpose of processing the online order.
Your data is only transferred to the extent actually required for processing the order.
For the transfer of data to the USA, the provider relies on the European Commission’s Standard Contractual Clauses, which are intended to ensure compliance with European data protection standards.
3.3 In order to fulfil our contractual obligations towards our customers, we work with external shipping partners. We transfer your name and delivery address to a shipping partner selected by us exclusively for the purpose of delivering the goods pursuant to Art. 6(1)(b) GDPR.
3.4 Order processing is carried out via the service provider “Billbee” (Billbee GmbH, Arolser Str. 10, 34477 Twistetal).
Name, address and, where applicable, other personal data are transferred to Billbee pursuant to Art. 6(1)(b) GDPR exclusively for processing the online order.
Your data is only transferred to the extent actually required for processing the order.
Details regarding data protection at Billbee and Billbee’s privacy policy can be found at:
billbee.io
3.5 Transfer of Personal Data to Shipping Service Providers
DHL
We use the following provider as our transport service provider:
DHL Paket GmbH
Sträßchensweg 10
53113 Bonn
Germany
We transfer your email address and/or telephone number pursuant to Art. 6(1)(a) GDPR to the provider before delivery for the purpose of coordinating a delivery date or announcing the delivery, provided that you have expressly consented to this during the ordering process.
Otherwise, for the purpose of delivery, we transfer only the recipient’s name and delivery address to the provider pursuant to Art. 6(1)(b) GDPR.
The transfer shall only take place to the extent necessary for delivery of the goods. In this case, prior coordination of the delivery date with the provider or advance delivery notification is not possible.
Consent may be withdrawn at any time with effect for the future by contacting the controller named above or the provider.
3.6 Etsy Payments
When using the Etsy Payments payment method, payment processing is carried out by 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 processing is carried out by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter “Etsy Inc.”).
Data is transferred pursuant to Art. 6(1)(b) GDPR only to the extent necessary for payment processing.
Further information regarding Etsy’s data protection practices can be found in Etsy’s privacy policy:
etsy.com/de/legal/privacy/
3.7 Electronic Withdrawal Function for Distance Contracts
Consumers who conclude contracts on this platform for which a statutory right of withdrawal exists have the option of declaring their withdrawal via an electronic withdrawal function in accordance with the applicable withdrawal provisions.
When using the withdrawal function, in addition to information identifying the contract to be withdrawn from, further personal information such as the consumer’s first and last name and email address must be provided or confirmed.
Due to the platform’s technical infrastructure and on the basis of the platform operator’s corresponding legitimate interest in the general accessibility of the withdrawal function, this information is initially collected by the platform operator pursuant to Art. 6(1)(f) GDPR, then used to confirm by email, on our behalf, receipt of the withdrawal declaration, and finally transmitted to us.
We subsequently process the transmitted information for the proper handling of the withdrawal pursuant to Art. 6(1)(b) GDPR and Art. 6(1)(c) GDPR on the basis of our statutory obligation to provide an electronic withdrawal function for paid consumer distance contracts.
4. Rights of the Data Subject
4.1 Applicable data protection law grants you comprehensive rights as a data subject with regard to the processing of your personal data. These include:
Right of Access – Art. 15 GDPR
You have, in particular, the right to obtain information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria used to determine the storage period, the existence of a right to rectification, erasure, restriction of processing or objection to processing, the right to lodge a complaint with a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and, where applicable, meaningful information about the logic involved and the scope and intended effects of such processing, as well as your right to be informed about the safeguards provided for under Art. 46 GDPR when your data is transferred to third countries.
Right to Rectification – Art. 16 GDPR
You have the right to request the immediate rectification of inaccurate personal data concerning you and/or the completion of incomplete personal data stored by us.
Right to Erasure – Art. 17 GDPR
You have the right to request the erasure of your personal data where the requirements of Art. 17(1) GDPR are met. However, this right does not apply in particular where processing is necessary for exercising the right to freedom of expression and information, fulfilling a legal obligation, reasons of public interest, or for the establishment, exercise or defence of legal claims.
Right to Restriction of Processing – Art. 18 GDPR
You have the right to request restriction of the processing of your personal data while the accuracy of your data disputed by you is being verified, if you reject the erasure of your data due to unlawful data processing and instead request restriction of processing, if you require your data for the establishment, exercise or defence of legal claims after we no longer require the data for the purposes for which it was collected, or if you have objected to processing for reasons arising from your particular situation while it has not yet been determined whether our legitimate grounds override your interests.
Right to Notification – Art. 19 GDPR
If you have asserted your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of such rectification, erasure or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
Right to Data Portability – Art. 20 GDPR
You have the right to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller, insofar as this is technically feasible.
Right to Withdraw Consent – Art. 7(3) GDPR
You have the right to withdraw consent once given to the processing of data at any time with effect for the future. In the event of withdrawal, we will immediately delete the data concerned unless further processing can be based on another legal basis that does not require consent.
Withdrawal of consent shall not affect the lawfulness of processing carried out on the basis of consent before withdrawal.
Right to Lodge a Complaint – Art. 77 GDPR
If you believe that the processing of your personal data violates the GDPR, you have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS POSSIBLE IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5. Duration of Storage of Personal Data
The duration for which personal data is stored depends on the respective legal basis, the purpose of processing and, where applicable, the respective statutory retention period (e.g. commercial and tax retention periods).
Where personal data is processed on the basis of express consent pursuant to Art. 6(1)(a) GDPR, the data concerned will be stored until you withdraw your consent.
Where statutory retention periods apply to data processed in connection with contractual or contract-like obligations on the basis of Art. 6(1)(b) GDPR, the data will routinely be deleted after expiry of the retention periods unless it is still required for contract fulfilment or contract initiation and/or we continue to have a legitimate interest in retaining it.
Where personal data is processed on the basis of Art. 6(1)(f) GDPR, the data will be stored until you exercise your right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
Where personal data is processed for direct advertising on the basis of Art. 6(1)(f) GDPR, the data will be stored until you exercise your right to object pursuant to Art. 21(2) GDPR.
Unless otherwise stated in the other information in this policy concerning specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6. Information Regarding Etsy’s Privacy Policy
For all other data processing beyond the processing described above, the Etsy platform is responsible.
Further information regarding Etsy’s data protection practices can be found in Etsy’s privacy policy:
etsy.com/de/legal/privacy/?ref=ftr
C. Cancellation and Withdrawal Policy
Introduction
Consumers have a statutory right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us:
Latife Yazicilar
Lady Mirage unique & handmade
Sommerstraße 18
13409 Berlin
Germany
Tel.: 03025200852
Email: ladymirage@outlook.com
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form for this purpose, but this is not mandatory.
You may also exercise your right of withdrawal online at:
https://www.etsy.com/your/purchases/select_order
or on the Etsy website via the corresponding function.
If you use this online function, you will immediately receive confirmation of receipt on a durable medium (e.g. by email), including information about the content of the withdrawal declaration and the date and time of receipt.
To comply with the withdrawal period, it is sufficient for you to send the notification concerning the exercise of your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of the reimbursement.
For contracts for the delivery of goods, we may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than twenty-one days from the day on which you inform us of your withdrawal from this contract.
The deadline is met if you send the goods before the twenty-one-day period has expired.
You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or Early Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
D. Withdrawal Form
If you wish to withdraw from the contract, please complete this form and send it back.
To:
Latife Yazicilar
Lady Mirage unique & handmade
Sommerstraße 18
13409 Berlin
Germany
Email: ladymirage@outlook.com
I/We () hereby withdraw from 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 consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only if notification is made on paper)
Date
(*) Delete as appropriate.
Copyright Notice: These GTC were prepared by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright.
https://www.it-recht-kanzlei.de
Status: 16 August 2026, 19:09:40
