General Terms and Conditions & Customer Information
Table of Contents
A. General Terms and Conditions
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Granting of Rights of Use for Digital Content
Retention of Title
Liability for Defects (Statutory Warranty)
Applicable Law
Alternative Dispute Resolution
B. Cancellation Policy (Right of Withdrawal)
Right of Withdrawal
Consequences of Withdrawal
Exclusion or Premature Expiry of the Right of Withdrawal
C. Cancellation Form
A. General Terms and Conditions with Customer Information
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "Terms") of Robin Schmezko (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed. 1.2 These Terms apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these Terms refers to data created and provided in digital form. 1.3 A "Consumer" within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. 1.4 An "Entrepreneur" within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer to sell said item. 2.2 The Customer accepts the Seller's offer via the online order form provided on Etsy. To do so, the Customer must place the desired item in the virtual shopping cart on Etsy and proceed through the order steps specified by Etsy. By clicking the button that finalizes the order process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the selected goods. 2.3 The text of the contract will be stored by the Seller and sent to the Customer in text form (e.g., e-mail, fax, or letter) along with these Terms and customer information after the contract is concluded. The Seller will not make the contract text accessible beyond this point. 2.4 Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for identifying errors is the browser's zoom function, which enlarges the display. The Customer can correct their entries at any time before submitting the binding order using standard keyboard and mouse functions. 2.5 The contract is concluded exclusively in the German language.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a Right of Withdrawal (Cancellation). 3.2 Detailed information regarding the Right of Withdrawal can be found in the Seller's Cancellation Policy (Section B). 3.3 The Right of Withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at that time.
4) Prices and Terms of Payment
4.1 The prices stated by the Seller are total prices and include statutory Value Added Tax (VAT). Any additional delivery and shipping costs will be indicated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, fees for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also apply if the delivery is not made to a country outside the EU, but the Customer initiates the payment from a country outside the EU. 4.3 The available payment option(s) will be communicated to the Customer in the Seller's listing on Etsy. 4.4 If payment is made via "Etsy Payments", payment processing is carried out by:
Etsy Ireland UC (66/67 Great Strand Street, Dublin 1, Ireland) for payments in currencies other than US Dollars or Canadian Dollars.
Etsy Inc. (117 Adams Street, Brooklyn, NY 11201, USA) for payments in US Dollars or Canadian Dollars. Etsy UC or Etsy Inc. allows the Customer to use various payment methods. For processing, they may use third-party payment services. The specific payment methods available will be displayed to the Customer during the order process. Further information and terms of use for Etsy Payments are available here: etsy.com/en/legal/etsy-payments
5) Delivery and Shipping Conditions
5.1 Unless otherwise agreed, goods are delivered to the delivery address provided by the Customer. The delivery address specified in the Etsy order processing is decisive. 5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to return costs if the Customer effectively exercises their Right of Withdrawal. In such cases, the provisions regarding return costs in the Seller's Cancellation Policy shall apply. 5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply (failure of the Seller's own suppliers). This applies only if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payment made will be refunded without delay. 5.4 Digital content is provided to the Customer via download.
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the Seller's item description on Etsy, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content for private and commercial purposes. 6.2 Transferring the content to third parties or creating copies for third parties outside the scope of these Terms is not permitted unless the Seller has expressly agreed to transfer the contractual license to the third party. 6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when the Customer has paid the remuneration in full. The Seller may provisionally permit the use of the content before this time; however, such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the Seller provides performance in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Statutory Warranty)
8.1 Unless otherwise provided below, statutory liability for defects applies. 8.2 If the Customer acts as an Entrepreneur:
The Seller may choose the type of subsequent performance;
For new goods, the limitation period for defects is one year from delivery;
For used goods, rights and claims for defects are excluded;
The limitation period does not restart if a replacement delivery is made under liability for defects. 8.3 The limitations of liability and shortening of periods in Section 8.2 do not apply:
To claims for damages and reimbursement of expenses by the Customer;
If the Seller has fraudulently concealed the defect;
To goods used in accordance with their customary use for a building which caused its defectiveness;
To any obligation of the Seller to provide updates for digital products (goods with digital elements). 8.4 For Entrepreneurs, statutory limitation periods for any right of recourse remain unaffected. 8.5 If the Customer is a merchant as defined by the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply, the goods are deemed approved. 8.6 If the Customer acts as a Consumer, they are requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller. Failure to do so does not affect the Consumer's statutory or contractual claims for defects.
9) Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on 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 has their habitual residence. 9.2 This choice of law regarding the statutory Right of Withdrawal does not apply to Consumers who do not belong to a Member State of the European Union at the time of the contract conclusion and whose sole residence and delivery address are outside the EU at that time.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution (ODR) 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 dispute resolution proceedings before a consumer arbitration board.
B. Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts regarding the delivery of physical goods: The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the last goods.
For contracts regarding digital content: The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must notify us:
Robin Schmezko Im Gesenk 22 31275 Lehrte, Germany Tel.: +49 1573 7162343 E-mail: codingry@gmail.com
You must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an e-mail). You may use the attached sample cancellation form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
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 14 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.
For physical goods: 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 14 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 14 days has expired. You will 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.
Exclusion or Premature Expiry of the Right of Withdrawal
The Right of Withdrawal does not apply to contracts for:
The supply of goods that are not prefabricated and the manufacture of which is governed by an individual choice or decision by the consumer or which are clearly tailored to the consumer’s personal needs.
Consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at that time.
The Right of Withdrawal expires prematurely for contracts regarding the provision of digital content if: We have begun performing the contract after you have expressly agreed that we may begin performance before the withdrawal period expires, and you have confirmed your knowledge that you lose your right of withdrawal upon consenting to the commencement of performance.
C. Cancellation Form
If you wish to cancel the contract, please complete this form and return it.
To: Robin Schmezko Im Gesenk 22 31275 Lehrte Germany E-mail: codingry@gmail.com
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 (*),
Ordered on () ____________ / received on () __________________
Name of Consumer(s)
Address of Consumer(s)
Signature of Consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate
