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General Terms and Conditions
Data Protection Information
Cancellation Policy and Cancellation Form
Table of Contents
A. General Terms and Conditions
Applicability
Formation of the Contract
Statutory Right of Withdrawal
Prices and Shipping Costs
Shipping and Delivery
Usage Rights for Digital Content
Retention of Title
Warranty and Defects
Customised Goods and Client Specifications
Governing Law
Code of Conduct
Dispute Resolution
B. Data Protection Information
Data Collection and Controller Details
Communication and Enquiries
Data Processing for Order Fulfilment
Rights of Data Subjects
Data Retention Periods
Reference to Etsy Privacy Policy
C. Cancellation Instructions
General Information
Right of Cancellation
Consequences of Cancellation
Exclusions and Early Expiry
D. Cancellation Form
A. General Terms and Conditions
1) Applicability
1.1
These General Terms and Conditions apply to all contracts concluded between Mircea-Cezar Lazar-Zahacinschi (hereinafter “Seller”) and consumers or traders (hereinafter “Client”) via the online marketplace Etsy (“Etsy”) concerning the Seller’s goods and/or services. Any conflicting or deviating terms proposed by the Client are rejected unless expressly agreed otherwise.
1.2
These Terms apply equally to contracts relating to digital content, unless explicitly stated otherwise.
1.3
A consumer is any natural person entering into a legal transaction primarily for purposes outside their trade, business, or profession. A trader is any natural or legal person or legally capable partnership acting in the exercise of a commercial or self-employed professional activity.
1.4
Digital content within the meaning of these Terms refers to data created and supplied in digital form which is not stored on a physical medium and for which specific usage rights are granted.
2) Formation of the Contract
2.1
By listing an item on Etsy, the Seller submits a binding offer to enter into a purchase contract for that item.
2.2
The Client accepts the offer by completing the order process on Etsy. This includes placing the item in the shopping cart, following Etsy’s checkout steps, and submitting the order via the designated button. Upon submission, a legally binding contract is concluded for the selected item.
2.3
The contract text is stored by the Seller and sent to the Client in text form, together with these Terms and additional customer information, following contract conclusion. Etsy also stores the contract content and makes it accessible to the Client through their password-protected Etsy account.
2.4
Before submitting an order, the Client may review and correct entered information using Etsy’s provided technical tools.
2.5
Contracts are concluded exclusively in the English language.
3) Statutory Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. Details are provided in the cancellation instructions below.
4) Prices and Shipping Costs
4.1
Unless stated otherwise, all listed prices are total prices. VAT is not charged, as the Seller qualifies as a small business under applicable tax regulations.
4.2
The available payment methods are displayed in the Seller’s Etsy shop.
4.3
Payments processed through “Etsy Payments” are handled by Etsy Ireland UC, Dublin, or by Etsy Inc., USA, depending on the currency. Etsy may engage third-party payment providers. Available payment methods and conditions are shown during checkout. Further details are available at Etsy’s payment terms page.
4.4
Where advance payment is agreed, payment is due immediately upon contract conclusion.
5) Shipping and Delivery
5.1
If goods are returned to the Seller due to unsuccessful delivery caused by the Client, the Client bears the resulting costs, unless delivery failure occurred for reasons beyond the Client’s control or due to temporary inability to accept delivery without prior notice.
5.2
If the Client opts for self-collection, the Seller will notify the Client when the goods are ready. Collection takes place by appointment at the Seller’s premises, and no shipping fees apply.
5.3
Digital content is provided exclusively in electronic form by download.
6) Usage Rights for Digital Content
6.1
Unless otherwise specified, the Seller grants the Client a non-exclusive, non-transferable, geographically unrestricted right to use the digital content for private purposes only.
6.2
Any distribution, reproduction, or transfer to third parties outside the scope of these Terms is prohibited unless expressly authorised by the Seller.
6.3
Usage rights become legally effective only after full payment has been received. Temporary use prior to payment does not constitute a transfer of rights.
7) Retention of Title
Ownership of delivered goods remains with the Seller until full payment has been made.
8) Warranty and Defects
Statutory warranty provisions apply in the event of defective goods.
9) Customised Goods and Client Specifications
9.1
Where goods are produced according to Client specifications, the Client must supply all required materials in the formats specified by the Seller and grant the necessary usage rights. The Client confirms they are entitled to use such content and that no third-party rights are infringed.
9.2
The Client shall indemnify the Seller against any third-party claims arising from the use of provided content and cover reasonable legal defence costs, unless the Client is not responsible for the infringement.
9.3
The Seller reserves the right to refuse orders containing unlawful, offensive, discriminatory, extremist, or otherwise prohibited content.
10) Governing Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of their country of residence remain unaffected.
11) Code of Conduct
The Seller adheres to the principles of the “Fairness in Commerce” initiative. Participation terms are available online.
12) Dispute Resolution
The Seller is neither obligated nor willing to participate in alternative dispute resolution proceedings.
B. Data Protection Information
Information Regarding Data Protection
1) Information on the Collection of Personal Data and Details of the Responsible Party
1.1
Thank you for visiting our Etsy presence (hereinafter referred to as the “website”). We appreciate your interest and would like to explain below how your personal data is processed when you use our website. Personal data refers to all information that can be used to identify you personally.
1.2
The party responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:
Mircea-Cezar Lazar-Zahacinschi
Emmi Fox Designs
Danziger Straße 22
35510 Butzbach
Germany
Phone: 017643600615
Email: mircea.zahacinschi@posteo.de
The data controller is the natural or legal person who determines, either alone or jointly with others, the purposes and methods of processing personal data.
2) Making Contact
If you contact us, for example via a contact form or by email, personal data will be collected. The specific data collected through a contact form can be seen directly in that form. This information is stored and used solely for the purpose of handling your enquiry, communicating with you, and managing the related technical processes.
The legal basis for processing this data is our legitimate interest in responding to enquiries pursuant to Art. 6 (1) lit. f GDPR. If your enquiry is related to the conclusion of a contract, processing is additionally based on Art. 6 (1) lit. b GDPR.
Your data will be deleted once your request has been fully processed, provided that it can be reasonably assumed that the matter has been conclusively resolved and that no statutory retention requirements prevent deletion.
3) Processing of Personal Data for Order Fulfilment
3.1
To the extent necessary for contract execution, including delivery and payment, the personal data we collect is shared with the transport company and the financial institution involved, in accordance with Art. 6 (1) lit. b GDPR.
Where we are obliged to provide updates for goods with digital elements or for digital products under a contract, we will use the contact information you provided at the time of ordering (name, postal address, email address) to inform you about such updates within the legally required timeframe. This processing is carried out to comply with our legal obligations under Art. 6 (1) lit. c GDPR. Your contact details will be used exclusively for this purpose and only to the extent necessary.
To process orders, we also cooperate with service providers who assist us wholly or partially in fulfilling contractual obligations. Personal data is transmitted to these providers only as described below.
3.2
For shipping purposes, we work with external logistics partners. Your name and delivery address are passed on solely for the purpose of delivering your order, based on Art. 6 (1) lit. b GDPR.
3.3
Order processing is carried out via the service provider Billbee (Billbee GmbH, Arolser Str. 10, 34477 Twistetal). The transmission of your name, address, and other necessary personal data to Billbee takes place exclusively to enable order processing in accordance with Art. 6 (1) lit. b GDPR. Data is only shared insofar as this is required for fulfilling the order. Further information on Billbee’s data protection practices can be found at billbee.io.
4) Rights of Data Subjects
4.1
Under applicable data protection law, you are entitled to the following rights with respect to the processing of your personal data:
Right of access (Art. 15 GDPR):
You may request confirmation as to whether personal data concerning you is being processed. If so, you have the right to access information about the processing purposes, data categories, recipients, storage duration or criteria for determining it, your rights to rectification, erasure, restriction or objection, the right to lodge a complaint with a supervisory authority, the origin of the data where it was not collected from you, and the existence of automated decision-making including profiling, as well as safeguards for data transfers to third countries pursuant to Art. 46 GDPR.
Right to rectification (Art. 16 GDPR):
You may request the immediate correction of inaccurate personal data or completion of incomplete data.
Right to erasure (Art. 17 GDPR):
You may request the deletion of your personal data where the conditions set out in Art. 17 (1) GDPR are met, unless processing is required for freedom of expression, compliance with legal obligations, reasons of public interest, or the establishment, exercise or defence of legal claims.
Right to restriction of processing (Art. 18 GDPR):
You may request that processing of your personal data be restricted if you contest its accuracy, if processing is unlawful and you oppose erasure, if you require the data for legal claims after we no longer need it, or if you have objected to processing pending verification of overriding interests.
Right to notification (Art. 19 GDPR):
If you exercise your right to rectification, erasure, or restriction, we will inform all recipients to whom your data has been disclosed, unless this is impossible or involves disproportionate effort.
Right to data portability (Art. 20 GDPR):
You may receive the personal data you provided to us in a structured, commonly used, machine-readable format or request its transmission to another controller, where technically feasible.
Right to withdraw consent (Art. 7 (3) GDPR):
You may revoke your consent at any time with effect for the future. Upon withdrawal, the relevant data will be deleted unless another lawful basis for processing applies. Withdrawal does not affect the legality of processing carried out prior to revocation.
Right to lodge a complaint (Art. 77 GDPR):
You have the right to file a complaint with a supervisory authority, particularly in the member state of your residence, place of work, or the location of the alleged infringement.
4.2 Right to Object
Where we process personal data on the basis of legitimate interests pursuant to Art. 6 (1) lit. f GDPR, you have the right to object to such processing at any time for reasons arising from your particular situation.
If an objection is raised, we will cease processing the affected data unless we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms, or where processing is required for the establishment, exercise or defence of legal claims.
If your personal data is processed for direct marketing purposes, you may object to this processing at any time. In such cases, the data will no longer be used for direct advertising.
5) Storage Period of Personal Data
Personal data is retained for the duration required by applicable statutory retention periods, such as those under commercial or tax law. Once these periods expire, the data is routinely deleted unless it remains necessary for contract performance, contract initiation, or there is a continuing legitimate interest in retention.
6) Reference to Etsy’s Privacy Policy
Any data processing activities beyond those described above are the responsibility of the Etsy platform. Additional information on Etsy’s handling of personal data can be found in Etsy’s privacy policy at:
https://www.etsy.com/uk/legal/privacy/?ref=ftr

C. Cancellation Instructions
General Information
Consumers have the right to withdraw from contracts under the following conditions.
Right of Cancellation
You may cancel this contract within fourteen days without providing any reason.
For goods, the cancellation period begins on the day you or a designated third party receives the goods.
For digital content not supplied on a physical medium, the period begins on the day the contract is concluded.
To exercise your right of cancellation, you must notify:
Mircea-Cezar Lazar-Zahacinschi
Gettenauer Straße 10
61203 Reichelsheim
Germany
Phone: 017643600615
Email: mircea.zahacinschi@protonmail.com

Notification must be made by a clear statement. Use of the cancellation form is optional.
Timely dispatch of the cancellation notice before expiry of the period is sufficient.
Consequences of Cancellation
Upon cancellation, all payments received will be refunded within fourteen days, including standard delivery costs. Additional delivery charges resulting from non-standard shipping options are excluded.
Refunds will be issued using the original payment method unless otherwise agreed. No fees will be charged.
Returned goods must be sent back within 21 days. The Client bears return shipping costs and is liable only for diminished value caused by handling beyond what is necessary for inspection.
Exclusions and Early Expiry
The right of cancellation does not apply to customised or clearly personalised goods.
For digital content, the right expires if performance begins before the cancellation period ends, provided the Client expressly consented and acknowledged the loss of the cancellation right and received confirmation on a durable medium.
D. Cancellation Form
(Unchanged in structure, rewritten wording only)

If you wish to cancel this contract, please complete and submit this form.
Mircea-Cezar Lazar-Zahacinschi
Gettenauer Straße 10
61203 Reichelsheim
Germany
Email: mircea.zahacinschi@protonmail.com

I/We hereby cancel the contract for the following goods/services:
Ordered on / received on: _______________________
Name: ________________________________________
Address: _____________________________________
Signature (only if submitted on paper): __________
Date: ________________________________________