GENERAL TERMS AND CONDITIONS
A. General Terms and Conditions
Table of contents:
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
4. Shipment and delivery conditions
6. Liability for defects
7. Applicable Law
8. Information about online dispute resolution
A. General Terms and Conditions
1.Scope of Application
1.1 These Terms and Conditions of the company Jutta Müntefering, werkdepot (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Etsy (hereinafter referred to as "Etsy”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Conclusion of the Contract
2.1 When placing an item on the electronic platform Etsy , the Seller shall make a binding offer to the interested party for the sale of this item.
2.2 The Client can accept the Seller’s offer via the Etsy online order form. In doing so, the Client has to place the selected item in the virtual Etsy shopping basket and subsequently he has to go through the ordering steps specified by Etsy. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.
2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored by Etsy and can be called free of charge by the Client via his Etsy password-protected customer account.
2.4 The Client can correct all the data entered via the technical means provided by Etsy prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.
2.5 The German and the English language are exclusively available for the conclusion of the contract.
3. Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel
4. Price and Delivery Costs
4.1 The prices indicated by the Seller are final prices and include the legal value added tax. Any additional delivery and shipping costs are indicated in each respective product description if applicable.
4.2 For deliveries outside of the European Union additional costs may arise for which the Seller cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
4.3 Various modes of payment are available for the
Client which are indicated in the Etsy Seller's online shop.
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.6 For payments via "Etsy vouchers" the Etsy conditions regulating vouchers apply which can be viewed at https://www.etsy.com/de/help/article/3292.
4.7 For payments via "Direct debit" the Etsy conditions regulating direct debit apply which can be viewed at https://www.etsy.com/de/legal/direct-checkout/?ref=list.
5. Shipment and delivery conditions
5.1 Goods are generally delivered insured on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 Personal collection is not possible for logistical reasons.
5.4 We deliver to the following countries:
Germany, Andorra, Australia, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Georgia, Gibraltar, Greece, Great Britain, Greenland, Ireland, Iceland, Italy, Canada, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Monaco, Montenegro, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Ukraine, Hungary, USA.
5.5 The items are produced and sent immediately after ordering. The product prices are exclusive of shipping costs. You can find more information about the shipping costs in the product descriptions and here: delivery- and shipping costs
We usually need 1-4 days to produce the items. The shipping time of the carrier must be added to this production time. The delivery time within Germany is a maximum of 7 business days (Monday to Friday, holidays excluded) after the payment order has been transferred to the credit institution.
The delivery time differs for foreign countries. An overview of the shipping times to the individual countries can be found here: delivery and shipping-costs. The shipping time to third countries can be significantly extended caused by the customs clearance.
5.6 If an item is not available short-dated, we will inform you by e-mail about the expected delivery time, as long as we have an address from you. Your statutory rights are unaffected.
5.7 The following applies to deliveries to Great Britain: If the value of the items in the shopping cart (excluding shipping costs) is below 135 GBP, the order price includes 20% VAT. In this case Etsy will transfer the VAT to the British government. There are no further costs for the recipient. If the value of the items in the shopping cart (excluding shipping costs) is more than 135 GBP, the order price does not include VAT. In this case the recipient has to pay VAT and customs duties upon delivery.
6. Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
7. Applicable Law
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
7.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
8. Information about online dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
9. The product descriptions of the offers, such as illustrations, drawings, descriptions, measurements, weight indications are non-binding, unless they are explicitly marked as binding. This applies especially to changes and improvements of technical progresses. Minor deviations from this product descriptions are allowed and do not affect the fulfillment of contracts, as far as they are not unreasonable for the buyer. We would like to point out that there may be slight deviations concerning the colors, mostly caused by the different color settings of the monitor. Since our lampshades are made of paper, i.e. a flexible material, size information is meant only as a point of reference. Small spots on the paper are not a reason for a complaint as this is normal for a natural material as paper.
