General Terms and Conditions with customer information & information on data protection & revocation form
Table of Contents
A. General terms and conditions with customer information
Scope of application
Conclusion of the contract
Right of withdrawal
Prices and terms of payment
Terms of Delivery and Shipping
Retention of title
Liability for defects
Applicable law
Alternative Dispute Resolution
Code of Conduct
B. Information on data protection
Information on the collection of personal data and contact details of the controller
Contact
Data processing for order processing
Rights of the data subject
Duration of storage of personal data
Note to the Etsy Privacy Policy
Tools and Miscellaneous
C. Withdrawal instructions
Right of withdrawal
Consequences 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 Laura Klemm, acting under “Lauritas Schmuck Laura Klemm” (hereinafter referred to as “Seller”), shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller relating to the goods presented by the Seller on the Etsy Internet trading platform (hereinafter “Etsy”). The inclusion of the customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to his commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1 By placing an item on Etsy, the Seller makes a binding offer to sell this item.
2.2 The Customer may accept the Seller’s offer via the online order form provided by Etsy. For this purpose, the customer must first insert the desired item into the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button that concludes the ordering 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 contract text is stored by the seller and sent to the customer after conclusion of the contract, along with the present GTC and customer information in text form (e.g. e-mail, fax or letter). Any further provision of the contract text by the seller himself does not take place.
2.4 Before binding submission of the order, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries with the usual keyboard and mouse functions prior to binding submission of the order in the context of the electronic ordering process.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and terms of payment
4.1 The prices indicated by the Seller are total prices and include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s offer at Etsy.
4.3 For payment by means of a payment method offered through the “Etsy Payments” payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as “Etsy UC”) or — if payment is made in 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. allows the customer to use different payment methods as part of payment processing via Etsy Payments. To process payments, Etsy UC and Etsy Inc. may use third-party payment services. The specific payment method(s) available for the respective goods is/are displayed to the customer in the respective offer of the seller or in the context of the order processing. For more information about Etsy Payments’ terms and conditions of use, please click here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified 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. This does not apply with regard to the costs of the shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be subject to the provisions laid down in the Seller’s cancellation policy.
6) Reservation of title
If the seller is in advance, he reserves the right of ownership of the delivered goods until full payment of the purchase price due.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to comply, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws governing the international purchase 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 country in which the consumer is habitually resident.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the terms and conditions of participation for the eCommerce initiative “fairness in commerce”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
B. Information on data protection
1) Information on the collection of personal data and contact details of the controller
1.1 We are pleased that you visit our Etsy Site (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. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing within the meaning of the General Data Protection Regulation (GDPR) is Laura Klemm, Lauritas Schmuck Laura Klemm, Am Gleisdreick 10 c, 21033 Hamburg, Deutschland, Tel.: 017684522682, E-mail: lauritas.schmuck.lk@gmail.com. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data.
2) Contacting
When contacting us (e.g. via contact form or e-mail), personal data, which this is, you can see from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after the final processing of your request, this is the case if it is clear from the circumstances that the situation concerned has been finally clarified and provided that there are no statutory retention obligations.
3) Data processing for order processing
3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the execution of the contract, 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 the payment processing, if this is necessary for payment processing. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit. b GDPR.
3.2 When using the Etsy Payments payment method, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless payment is made in U.S. dollars or Canadian dollars. In this case, payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 (1) (b) GDPR and only insofar as this is necessary for payment processing.
For more information on data protection, please refer to Etsy’s privacy policy: https://www.etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive rights to data subjects (rights of information and intervention) with regard to the processing of your personal data, about which we inform you below:
Right of access in accordance with Art. 15 GDPR: In particular, you have a 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 retention period, the existence of a right to rectification, erasure, restriction of processing, objection to the processing, complaint to a supervisory authority, the origin of your data, if these have not been collected from you by us, the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved and the scope and intended effects of such processing, as well as your right to be informed of the guarantees under Article 46 GDPR when your data is transferred to third countries;
Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
Right to erasure in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not exist in particular where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data is verified, if you refuse to delete your data due to unauthorised data processing and instead request the restriction of the processing of your data if you need your data for the establishment, exercise or defence of legal claims, after we no longer need this data after achievement of purpose or if you have objected for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh;
Right to information pursuant to Art. 19 GDPR: If you have exercised the right to rectification, erasure or restriction of processing to the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of such rectification or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request the transmission to another controller, insofar as this is technically feasible;
Right to withdraw consent according to Art. 7 para. 3 GDPR: You have the right to revoke a once given consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, provided that further processing cannot be based on a legal basis for processing without consent. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of personal data concerning you violates the GDPR, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your workplace or the place of the alleged infringement.
4.2 RIGHT OF OBJECTION
IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the purpose of the processing and — if relevant — additionally based on 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(1)(a) GDPR, this data is stored until the data subject withdraws his consent.
If there are statutory retention periods for data processed in the context of legal or similar legal obligations on the basis of Art. 6 (1) (b) GDPR, this data will be routinely deleted after expiry of the retention periods, provided that they are no longer necessary for the fulfilment of the contract or initiation of the contract and/or on our part there is no legitimate interest in the further storage.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data is stored until the data subject exercises his right to object pursuant to Article 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information provided in this declaration on specific processing situations, stored personal data will be deleted if they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Notice to the Etsy Privacy Policy
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. For more information about Etsy’s privacy policy, see Etsy’s privacy notices: https://www.etsy.com/de/legal/privacy/?ref=ftr
7) Tools and other
— Lexoffice
We use the service of cloud-based accounting software “lexoffice” from Haufe-Lexware GmbH & Co. KG, Munzinger Straße 9, 79111 Freiburg.
Lexoffice processes incoming and outgoing invoices as well as, if necessary, the banking movements of our company in order to automatically record invoices, match the transactions and create financial accounting from them in a semi-automated process.
Insofar as personal data is also processed, the processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in an efficient organisation and documentation of our business transactions.
For more information on lexoffice, automated processing of data and data protection regulations, please visit https://www.lexoffice.de/datenschutz/
C. Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must contact us (Laura Klemm, Lauritas Schmuck Laura Klemm, Am Gleisdreick 10 c, 21033 Hamburg, Germany, Tel.: 017684522682, E-mail: lauritas.schmuck.lk@gmail.com) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
In the case of contracts for the delivery 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 date.
You must return or hand over the goods to us immediately and in any case no later than twenty-one days from the day on which you inform us of the revocation of this contract. The time limit is met if you send the goods before the expiry 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 a handling not necessary to check the nature, characteristics and functioning of the goods.
D. Cancellation form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Laura Klemm
Lauritas Schmuck Laura Klemm
Am Gleisdreieck 10C
21033 Hamburg
Germany
E-mail: lauritas.schmuck.lk@gmail.com
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 the consumer(s)
_______________
Signature of the consumer(s) (only in case of notification on paper)
________________
Date
(*) Delete incorrect
Copyright Notice: These terms and conditions have been prepared by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Stand: 28.04.2022, 12:54:21
