General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Cancellation Form
--------------------------------------------------------------------------------------------------------------------------------
Table of contents
------------------
A. General Terms and Conditions with Customer Information
----------------------------------------------------------
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. special conditions for the processing of goods according to certain specifications of the customer
9. applicable law
10. alternative dispute resolution
B. Information on data protection
--------------------------------
1. information on the collection of personal data and contact details of the data controller
2. contacting us
3. data processing for order handling
4. rights of the data subject
5. duration of the storage of personal data
6. reference to the Etsy data protection declaration
C. Cancellation policy
---------------------
1. right of revocation
2. consequences of the revocation
3. exclusion or premature expiry of the right of revocation
D. Cancellation form
--------------------
----------------------------------------------------------
A. General terms and conditions with customer information
----------------------------------------------------------
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Franziska Wienke (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter referred to as "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 are predominantly neither commercial nor self-employed. 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. To do so, 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 is 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 placing a binding order, the customer can identify 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 bindingly submitting 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 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
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 In the case of payment by means of a payment method offered via the payment service "Etsy Payments", the payment will be processed 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 in the context 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
5) Delivery and shipping terms
5.1 Goods will be delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address given 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 shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made 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 the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.
6) Retention of title
If the seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 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 of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obliged to process the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
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: 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 responsible person
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. In this context, personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (DSGVO) is Franziska Wienke, Westring 17a, 48477 Hörstel, Germany, Tel.: 017687906869, e-mail: franziska.wienke@hotmail.de. 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 us
When contacting us (e.g. via contact form or e-mail), personal data is collected; you can see what this is from the contact form. This data is stored and used exclusively for the purpose of answering 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 in accordance with Art. 6 Para. 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 enquiry; 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
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 will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b DSGVO.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of access 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: You have in particular the 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 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 the intended effects of such processing concerning you, as well as your right to be informed about which guarantees exist in accordance with Art. 46 DSGVO in case of transfer of your data to third countries;
- Right to rectification pursuant to Art. 16 of the GDPR: You have the right to have any inaccurate data relating to you rectified 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 demand the deletion of your personal data if the requirements 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 defence of legal claims;
- Right to restriction of processing pursuant to Art. 18 of the 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 defence 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 pursuant to 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 immediately delete the data concerned 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 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, without prejudice to any other administrative or judicial remedy.
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 ON GROUNDS 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 CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after expiry of the retention periods, insofar as it is no longer required for the fulfilment of a contract or the initiation of a contract and/or there is no further justified interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.
Unless otherwise stated in the other information in this statement about 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) Reference to the Etsy Privacy Policy.
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. Further information on Etsy's data protection can be found in Etsy's data protection notice: etsy.com/en/legal/privacy/?ref=ftr
---------------------
C. Cancellation policy
---------------------
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 (Franziska Wienke, Westring 17a, 48477 Hörstel, Germany, Tel.: 017687906869, e-mail: franziska.wienke@hotmail.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 enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 event no later than twenty-one days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the twenty-one day period.
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 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 delivery 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.
--------------------
D. Cancellation form
--------------------
If you wish to cancel the contract, please complete and return this form.
To
Franziska Wienke
Westring 17a
48477 Hörstel
Germany
E-mail: franziska.wienke@hotmail.de
I/we (*) hereby revoke 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 the consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete where inapplicable
------------------
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT-Recht Kanzlei under the DOCID: ##ITK-e514495b1ac00143a238ccf5fe3d0029## and are protected by copyright (www.it-recht-kanzlei.de).
