In the following you will find the General Terms and Conditions (GTC), the Instructions for Cancellation and the Data Protection Declaration.
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Table of Contents
I. General Terms and Conditions
I.1 Scope of Application
I.2 Contracting Party
I.3 Conclusion of Contract
I.4 Right to Cancel
I.5 Prices and Shipping Costs
I.6 Delivery
I.7 Payment
I.8 Retention of Title
I.9 Special conditions for the processing of goods according to customer specifications
I.10 Dispute Resolution
I.11 Code of Conduct
II. Instructions for Cancellation
II.1 Right to Cancel
II.2 Consequences of Cancellation
II.3 Exclusion and Premature Expiration of the Right to Cancel
II.4 Cancellation Form
III. Privacy Policy
III.1 General Information and Responsibility for the Collection of Personal Data
III.2 Rights of the Customer
III.3 Information on Data Processing
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I. General Terms and Conditions
I.1 Scope of Application
I.1.1 These General Terms and Conditions (GTC) shall apply to all contracts concluded under the Internet trading platform Etsy (hereinafter referred to as "online marketplace") for the delivery of goods by Mrs. Nattida Haupt, née Janyarak, Am Schallacker 27 in 44263 Dortmund, Germany (hereinafter referred to as "seller") to consumers or traders (hereinafter referred to as "customer").
I.1.2 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
I.2.3 A trader is any natural or legal person or a partnership with legal capacity that concludes a legal transaction in the exercise of its commercial or independent professional activity.
I.2 Contracting Party
I.2.1 The purchase contract is concluded with Mrs. Nattida Haupt née Janyarak, Am Schallacker 27 in 44263 Dortmund, Germany.
I.3 Conclusion of Contract
I.3.1 By publishing a presentation page for an item on the online marketplace, the seller makes a binding offer to sell this item.
I.3.2 The customer can accept the offer by using the online order form provided on the online marketplace. To do so, the customer must first add the desired article to his virtual shopping cart on the online marketplace and then follow the steps for ordering as specified by the online marketplace. If the button concluding the order process is clicked, the customer hereby declares acceptance of the offer, which results in a purchase agreement for the previously selected goods.
I.3.3 After the conclusion of the contract, the seller saves the text of the contract and sends it to the customer in text form (e.g. as an e-mail or letter) together with these General Terms and Conditions. The seller himself will not make the contract text accessible beyond this.
I.3.4 Only either the German or the English language can be used for the conclusion of the contract.
I.4 Right to Cancel
I.4.1 In accordance with the statutory provisions, you have a right to cancel if you are a consumer, belong to a member state of the European Union at the time the contract is concluded and your sole residence and delivery address at the time the contract is concluded are within the European Union.
I.4.2 More detailed information on the right of revocation is contained in the seller's Instructions for Cancellation.
I.5 Prices and Shipping Costs
I.5.1 The prices stated on the article pages are total prices, in which no statutory value added tax is included due to the seller's small business status.
I.5.2 For some items, the additional delivery and shipping costs may be stated separately in the product description. For items that are marked with free shipping, the costs for shipping and delivery are included in the offer prices to the usual extent or as described on the item page.
I.5.3 If the destination country of the delivery, or the country in which the payment is made, is outside the European Union, there is always the possibility that further costs may be incurred for which the seller is not responsible and which have to be paid by the customer. These include, for example, costs for money transfer through credit institutions (transfer fees, exchange rate fees) or import duties (taxes, customs duties).
I.6 Delivery
I.6.1 The delivery of the ordered goods is carried out to the delivery address indicated by the customer within the order processing of the online marketplace, unless otherwise agreed.
I.6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result to a reasonable extent. This does not apply in the event of cancellation; in this case the provisions of the Instructions for Cancellation apply.
I.6.3 The customer is requested to complain to the deliverer in case of delivered goods with obvious transport damage and to inform the seller about this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
I.7 Payment
I.7.1 The payment methods available for an item are communicated to the customer in the offer of the seller and in the order processing on the online marketplace.
I.7.2 At least payment via PayPal is enabled. Depending on the item and the location of the customer, payment shall be made via the Etsy Payments payment system managed by the online marketplace. With Etsy Payments, other payment options are also available. These include payment in the form of
Debit/bank cards,
Credit cards,
Klarna Pay Later,
Apple Pay and
Google Pay.
When using Esty Payments, the payment processing is handled by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC"), unless payment is made in US dollars or Canadian dollars. In this case, the payment will be processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc.").
Etsy UC or Etsy Inc. may use other payment service providers for the processing of payments.
Further information and the Etsy Payments Policy are available at “https://www.etsy.com/legal/etsy-payments/”.
I.8 Retention of Title
I.8.1 The goods shall remain the property of the seller until full payment of the purchase price happened.
I.9 Special conditions for the processing of goods according to customer specifications
I.9.1 If the contract concluded between the customer and the seller requires the processing of the goods in accordance with certain specifications of the customer, the customer must provide the seller with all content required for processing (e.g. photos, graphics, texts) in common file formats as well as appropriate formatting and file sizes.
I.9.2 The seller shall be granted all necessary rights of use for the contents provided by the customer. The customer declares and takes responsibility for the fact that he has the right to use the contents made available to the seller and that no copyright, trademark or personal rights are infringed by the provision of the contents.
I.9.3 If the content provided by the customer for the fulfilment of a processing order violates legal or official prohibitions or is immoral, the seller reserves the right to refuse the order.
I.10 Dispute Resolution
I.10.1 For the out-of-court settlement of consumer disputes, the European Union has set up an online platform ("Online Dispute Resolution Platform"), which can be accessed at “https://ec.europa.eu/consumers/odr/”.
I.10.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
I.11 Code of Conduct
The seller shall endeavour to comply with all applicable legal provisions. The seller also encourages fair competition and goodwill in dealing with identified violations that may have been committed unintentionally.
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II. Instructions for Cancellation
II.1 Right to Cancel
II.1.1 You have the right to cancel this contract within fourteen days without giving reasons.
II.1.2 The cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
II.1.3 To exercise your right of revocation, you must inform me, Mrs. Nattida Haupt née Janyarak, Am Schallacker 27 in 44263 Dortmund, Germany, Mobile Number +491789143842, E-Mail natida.order@gmail.com, by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory.
II.1.4 In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right to cancel before the end of the cancellation period.
II.2 Consequences of Cancellation
II.2.1 If you cancel this contract, I shall reimburse you for all payments I have received from you, including delivery charges (except for any additional charges arising from your choice of the method of delivery exceeding the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which I receive notice of your cancellation of this contract. For this refund, I will use the same means of payment that you used for the original transaction, unless agreed otherwise with you; in no event will you be charged for this refund. I may refuse to make any refund until I have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
II.2.2 You must return or hand over the goods to me immediately and in any event no later than within twenty-one days from the date on which you notify me of the cancellation of this contract. For this it is sufficient if you dispatch the goods before the expiry of the twenty-one day period.
II.2.3 You shall bear the direct costs of returning the goods.
II.2.4 You shall only be liable for any loss of value of the goods if such loss of value happened due to handling of the goods which is not necessary for testing their condition, properties and functioning.
II.3 Exclusion and Premature Expiration of the Right to Cancel
II.3.1 The right to cancel does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
II.3.2 The right to cancel shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
II.4 Cancellation Form
If you want to cancel the contract, please fill out this form and send it back.
(Start of cancellation form)
To:
Mrs. Nattida Haupt née Janyarak
Am Schallacker 27
44263 Dortmund
GERMANY
E-Mail: natida.order@gmail.com
I/we hereby cancel the contract concluded by me/us for the purchase of the following goods/services:
__________________________________________________
__________________________________________________
__________________________________________________
Ordered on ____________, received on ____________
__________________________________________________
Name of the consumer(s)
___________________________________________________
___________________________________________________
Address of the consumer(s)
___________________________________________________
Signature of the consumer(s) (hardcopy only)
_______________
Date
(End of cancellation form)
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III. Privacy Policy
III.1 General Information and Responsibility for the Collection of Personal Data
III.1.1 In the following, you will be informed about the handling of your personal data when using my Etsy sales appearance (hereinafter "website"). Personal data (in the following mostly only "data") are all data with which you can be personally identified. These data are processed by me only within the scope of necessity and for the purpose of providing a functional and user-friendly internet presence, including its contents and the services offered there.
III.1.2 According to the General Data Protection Regulation (hereinafter referred to as the "GDPR"), processing refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.
III.1.3 This privacy policy is intended to inform you in particular about the type, scope, purpose, duration and legal basis for the processing of personal data either under my own control or in conjunction with others. I also inform you below about the third-party components I use to optimize my website and improve the user experience which may result in said third parties also processing data they collect and control.
III.1.4 The person responsible for purposes of data protection law is Mrs. Nattida Haupt née Janyarak, Am Schallacker 27 in 44263 Dortmund, Germany, Mobile Number +491789143842, E-Mail natida.order@gmail.com.
III.2 Rights of the Customer
III.2.1 With regard to the data processing to be described in more detail below, users and data subjects have the right
to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.
III.2.2 LIKEWISE, UNDER ART. 21 GDPR, USERS AND DATA SUBJECTS HAVE THE RIGHT TO OBJECT TO THE CONTROLLER'S FUTURE PROCESSING OF THEIR DATA PURSUANT TO ART. 6 PARA. 1 LIT. F) GDPR. IN PARTICULAR, AN OBJECTION TO DATA PROCESSING FOR THE PURPOSE OF DIRECT ADVERTISING IS PERMISSIBLE.
III.3 Information about the Data Processing
III.3.1 Your data processed when using my website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.
III.3.2 If you contact me via email or the contact form, the data you provide will be used for the purpose of processing your request. I must have this data in order to process and answer your inquiry; otherwise I will not be able to answer it in full or at all. The legal basis for this data processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted once I have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.
III.3.3 The data you submit when ordering goods and/or services from me will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data. The legal basis for this processing is Art. 6 Para. 1 lit. b GDPR. After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law. In order to process your order, I will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment. The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b GDPR.
III.3.4 If the payment method Etsy Payments is used, the payment shall be processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland, unless the payment is made in US dollars or Canadian dollars. In this case, the payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America. The information is passed on in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent necessary for the processing of the payment.
III.3.5 The internet trading platform Etsy is responsible for all further data processing beyond the data processing described above. Further information on the data protection of the internet trading platform can be found at “https://www.etsy.com/legal/privacy/”.
Parts of the above data protection declaration are taken from the Model Data Protection Statement for “Anwaltskanzlei Weiß & Partner”.