### 1. Terms and Conditions
### 2. Cancellation Policy & Cancellation Form
### 3. Legal Notice
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**General Terms and Conditions with Customer Information & Data Privacy Information & 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
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects
8. Applicable Law
9. Jurisdiction
10. Alternative Dispute Resolution
11. Code of Conduct
**B. Information on Data Privacy**
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1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting Us
3. Data Processing for Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Note on the Etsy Privacy Policy
7. Tools and Miscellaneous
**C. Cancellation Policy**
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1. Right of Withdrawal
2. Consequences of Withdrawal
3. Exclusion or Premature Expiry of the Right of Withdrawal
**D. Cancellation Form**
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### A. General Terms and Conditions with Customer Information
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#### 1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of BestLoft GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller on the online marketplace Etsy (hereinafter "Etsy"). Hereby, the inclusion of the Customer's own conditions is contradicted unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession.
1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
#### 2) Conclusion of Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer to sell that item.
2.2 The Customer can accept the Seller's offer via 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 go through the ordering steps specified by Etsy. By clicking the button that concludes the ordering process, the Customer declares acceptance of the offer, whereby a purchase contract for the item selected by the Customer is concluded.
2.3 The contract text is stored by the Seller and sent to the Customer after the contract is concluded, along with the present GTC and customer information, in text form (e.g., email, fax, or letter). Beyond this, the contract text is not made accessible by the Seller themselves.
2.4 Before submitting a binding order, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means to better recognize input errors may be the enlargement function of the browser, which can be used to enlarge the display on the screen. The Customer can correct their entries during 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 generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
#### 4) Prices and Payment Conditions
4.1 The prices indicated by the Seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller's offer on Etsy.
4.3 When paying via a payment method offered through the "Etsy Payments" payment service, the payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or, if the 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 as part of the payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services for payment processing. The specific payment method(s) available for the respective goods will be displayed to the Customer in the respective Seller's offer or during the ordering process. Further information on and the terms of use of Etsy Payments can be found here: etsy.com/legal/etsy-payments/.
#### 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. The delivery address provided by the Customer during the ordering process on Etsy is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions stated in the Seller's cancellation policy apply if the right of withdrawal is exercised effectively by the Customer.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging transaction with due diligence. The Seller will 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 promptly.
#### 6) Retention of Title
If the Seller provides advance performance, they retain title to the delivered goods until full payment of the owed purchase price has been made.
#### 7) Liability for Defects
7.1 Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from the delivery of the goods;
- rights and claims due to defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.3 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for defect claims is one year from the delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contract declaration.
7.4 The aforementioned limitations of liability and shortening of periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used according to their usual purpose for a building and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.5 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.
7.6 If the Customer acts as a merchant according to § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods are deemed approved.
7.7 If the Customer acts as a consumer, they are requested to claim delivered goods with obvious transport damage from the deliverer and to inform the Seller accordingly. If the Customer does not comply, this has no effect on their statutory or contractual defect claims.
#### 8) Applicable Law
All legal relationships of the parties are governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
#### 9) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to call upon the court at the Customer's place of business.
#### 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.
#### 11) Code of Conduct
11.1 The Seller has submitted to the conditions of participation for the e-commerce initiative "Fairness in Retail" by the Händlerbund Management AG, which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen.
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### B. Information on Data Privacy
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#### 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 site and thank you for your interest. Below, we inform you about the handling of your personal data when using our Etsy site. Personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing on this website in terms of the General Data Protection Regulation (GDPR) is BestLoft GmbH, Wüllener Str. 130, 48683 Ahaus, Germany, Tel.: +49 (0) 151 22999400, Email: [info@bestloft.de](mailto:info@bestloft.de). The data controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This Etsy shop uses encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the person responsible). You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser line.
#### 2) Contacting Us
When contacting us (e.g., via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for responding to your request or for establishing contact 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(1)(f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted after the final processing of your request, provided that there are no statutory retention obligations to the contrary.
#### 3) Data Processing for Order Handling
3.1 To process your order, we cooperate with the following service provider(s) who assist us wholly or partly in the execution of concluded contracts. Certain personal data is transmitted to these service providers following the information below.
3.2 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution as part of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you about this below. The legal basis for the transfer of data is Art. 6(1)(b) GDPR.
#### 4) Rights of the Data Subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) towards the controller with regard to the processing of your personal data, about which we inform you below:
- **Right to access by the data subject pursuant to Art. 15 GDPR:**
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the information specified in Art. 15 GDPR.
- **Right to rectification pursuant to Art. 16 GDPR:**
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the completion of incomplete personal data.
- **Right to erasure ("right to be forgotten") pursuant to Art. 17 GDPR:**
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay where one of the grounds specified in Art. 17 GDPR applies.
- **Right to restriction of processing pursuant to Art. 18 GDPR:**
You have the right to obtain from the controller restriction of processing where one of the conditions specified in Art. 18 GDPR applies.
- **Right to data portability pursuant to Art. 20 GDPR:**
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where the conditions specified in Art. 20 GDPR apply.
- **Right to withdraw consent pursuant to Art. 7(3) GDPR:**
You have the right to withdraw your consent at any time with effect for the future. In the case of withdrawal, we will immediately delete the data concerned unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
- **Right to lodge a complaint pursuant to Art. 77 GDPR:**
If you consider that the processing of personal data relating to you infringes the GDPR, you have the right 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.
#### 5) Duration of Storage of Personal Data
The duration of the storage of personal data is determined based on the respective legal retention period (e.g., commercial and tax retention periods). After the expiration of this period, the corresponding data is routinely deleted, provided it is no longer necessary for contract fulfillment or contract initiation and/or there is no legitimate interest on our part in further storage.
#### 6) Note on the Etsy Privacy Policy
Etsy is responsible for all further data processing that goes beyond the data processing described above. For more information on Etsy's data protection, please refer to the privacy policy of Etsy: etsy.com/legal/privacy.
#### 7) Tools and Miscellaneous
- **Google reCAPTCHA**
On this website, we also use the reCAPTCHA function from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). This function primarily serves to distinguish whether an input is made by a natural person or abusively by machine and automated processing. The service includes the transmission of the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out according to Art. 6(1)(f) GDPR based on our legitimate interest in determining individual responsibility on the internet and avoiding misuse and spam. Further information on Google reCAPTCHA and Google's privacy policy can be found at: google.com/intl/de/policies/privacy/.
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### C. Cancellation Policy
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#### 1) Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen 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 goods.
To exercise the right of withdrawal, you must inform us (BestLoft GmbH, Wüllener Str. 130, 48683 Ahaus, Germany, Tel.: +49 (0) 151 22999400, Email: [info@bestloft.de](mailto:info@bestloft.de)) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
#### 2) Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 evidence 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 fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen 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.
#### 3) 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 production of which an individual choice or decision 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 wish to withdraw from the contract,
please complete and submit this form.**
To: BestLoft GmbH, Wüllener Str. 130, 48683 Ahaus, Germany, Email: [info@bestloft.de](mailto:info@bestloft.de)
**I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):**
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(*) Delete as appropriate
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BestLoft GmbH
Am Hammer 10
51647 Gummersbach
Germany
Tel.: +49 2261 9694951
Email: info@bestloft.de
Registration court: District Court of Cologne
Registration number: HRB 111199
Managing Director: Samuel Stolz
VAT Identification Number: DE353906072
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Responsible according to § 18 Abs. 2 MStV:
Samuel Stolz, Am Hammer 10, 51647 Gummersbach
Member of the initiative "Fairness in Trade".
More information: https://www.fairness-im-handel.de
