AGB & Cancellation policy
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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of contents
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A. General terms and conditions with customer information
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1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects
8. applicable law
9. alternative dispute resolution
B. Information on data protection
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1. information about the collection of personal data and contact details of the responsible person
2. contacting
3. data processing for order processing
4. rights of the person concerned
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
7. tools and miscellaneous
C. Cancellation policy
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1. right of withdrawal
2. consequences of revocation
3. exclusion or premature expiration of the right of revocation
D. Cancellation form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Christian Kolbe (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 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 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 self-employed 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 In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 be incurred in relation to the transfer of funds 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) will be communicated to the Customer in the Seller's offer on Etsy.
4.4 In case of payment by means of a payment method offered via the payment service "Etsy Payments", the payment processing is carried out 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 the payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may use the payment services of third parties. The specific payment method(s) available for the respective goods will be 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 are available here: etsy.com/en/legal/etsy-payments/?ref=list
4.5 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "PayPal" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal terms of use, which can be viewed at paypal.com/en/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified 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 as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the Customer, the provision made in this respect in the Seller's revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Vouchers will be provided to the customer as follows:
- by e-mail
- by mail
6) Retention of title
If the seller makes advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Tools and miscellaneous
- sevDesk
We use the sevDesk service of the cloud-based accounting software of sevDesk GmbH, Hauptstraße 115, 77652 Offenburg, Germany, to handle our accounting.
SevDesk processes incoming and outgoing invoices and, if applicable, also the bank transactions of our company in order to automatically record invoices, match them to the transactions and create the financial accounting from this in a partially automated process.
If personal data is also processed in this process, the processing is carried out in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.
For more information about sevDesk GmbH, the automated processing of data and data protection regulations, please visit sevdesk.de/security-data-protection/
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C. Cancellation policy
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Right of withdrawal
You have the right to cancel 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, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Christian Kolbe, Gehrnstraße 26, 72336 Balingen, Germany, Tel.: 07433/9990359, e-mail: info@guzzz.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal 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 will 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 checking the condition, properties and functioning of the goods.
Exclusion or premature expiry 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 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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D. Cancellation form
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If you want to revoke the contract, please fill out this form and send it back.
To
Christian Kolbe
Gehrnstrasse 26
72336 Balingen
Germany
E-mail: info@guzzz.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in case of paper communication)
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Date
(*) Delete as applicable
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
Status: 28.04.2022, 12:39:05 o'clock
