General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
table of contents
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A. Terms and Conditions with Customer Information
1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects
8. Special conditions for the processing of goods according to specific customer specifications
9. Governing Law
10. Alternative Dispute Resolution
B. Information on data protection
1. Information about the collection of personal data and contact details of the person responsible
2. Contact
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
C. Cancellation policy
1. Right of Withdrawal
2. Consequences of revocation
3. Exclusion or premature expiry of the right of withdrawal
D. Withdrawal Form
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A. Terms and Conditions with Customer Information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Selina Klingebiel, trading under "Spitzstock" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the goods presented by the seller on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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 this item.
2.2 The customer can accept the seller's offer via the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with the present General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this.
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 means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before the binding submission of the order as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying using a payment method offered via the "Etsy Payments" payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in currencies 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. enables the customer to use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods is/are displayed to the customer in the respective offer from the seller or as part of the order processing. More information about Etsy Payments and the terms of use are available here: etsy.com/de/legal/etsy-payments/?ref=list
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "PayPal" payment method, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal terms of use, which can be viewed at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires i.a. requires that the customer opens a PayPal account or already has such an account.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that 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 use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 Vouchers are given to the customer as follows:
- postal
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which these may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content
9) Governing Law
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 only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board
B. Information on data protection
1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our Etsy website (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 person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Selina Klingebiel, Spitzstock, Gartenstr. 20, 37308 Heilbad Heiligenstadt, Germany, phone: 017672185583, email: info@spitzstock.de. 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) Contact
When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
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 contract, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institute as part of the payment process, provided this is necessary for the payment process. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 (1) (b) GDPR.
3.2 - Printful
The order processing takes place via the service provider "Printful" of Printful, Inc. 11025 West Lake Drive,
Charlotte, NC28273, USA. Name, address and any other personal data will be passed on to Printful in accordance with Article 6 Paragraph 1 Letter b GDPR exclusively for processing the online order. Your data will only be passed on to the extent that this is actually necessary to process the order. Details of Printful's privacy policy and Printful, Inc.'s privacy policy are available at printful.com/policies/privacy.
- shirtee
For the operation of our website we work together with the online portal shirtee.com/de of Boender & Beutel GmbH, Vogelsanger Straße 356-358, 50827 Cologne ("shirtee"). For the purpose of ordering, a shirtee user interface is integrated via iFrame and a connection to the shirtee servers and website is established. This can result in the exchange of data. When using the integrated user interface, there is a change of responsibility under data protection law to shirtee. The user behavior in the context of the displayed user interface takes place under the sole data sovereignty of shirtee. For further information on shirtee's data protection, the iFrame includes shirtee's data protection declaration as well as the option to administrate cookies used by shirtee. Furthermore, the orders on our website are processed via shirtee. Name, address and any other personal data are passed on to shirtee exclusively for the purpose of processing the online order in accordance with Article 6 (1) (b) GDPR. Your data will only be passed on to the extent that this is actually necessary to process the order.
3.3 In order to fulfill our contractual obligations to our customers, we work together with external shipping partners. We pass on your name and your delivery address to a shipping partner selected by us exclusively for the purpose of delivering the goods in accordance with Article 6 (1) (b) GDPR.
3.4 Orders are processed by the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data are passed on to Billbee exclusively for processing the online order in accordance with Article 6 (1) (b) GDPR. Your data will only be passed on to the extent that this is actually necessary to process the order. Details on data protection at Billbee and Billbee's data protection declaration can be viewed on Billbee's website at "billbee.io".
3.5 When using the Etsy Payments payment method, payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For more information on data protection law, please refer to Etsy's data protection declaration: etsy.com/de/legal/privacy/
3.6 When paying by credit card via PayPal or by direct debit via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), further. The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
- Right to information 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 was or will be disclosed Planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed which guarantees pursuant to Art. 46 GDPR when your data is forwarded to third countries exist;
- 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 deletion according to Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with 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, which you dispute, is being checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data relating to you have been disclosed of this correction 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 about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible ;
- Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your 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, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State where you live, work or where the alleged infringement took place.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS 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 STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data will be stored until the data subject revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object in accordance with Article 21 (1) GDPR, unless we have compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all other data processing that goes beyond the data processing described above. For more information about Etsy's privacy policy, see Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
C. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Selina Klingebiel, Spitzstock, Gartenstr. 20, 37308 Heilbad Heiligenstadt, Germany, Tel.: 017672185583, email: info@spitzstock.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
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 cancellation of this contract. The deadline is met if you send back the goods before the period of twenty-one days has expired.
You bear the direct costs 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.
D. Withdrawal Form
If you want to revoke the contract, please fill out this form and send it back.
At
Selina Klingebiel
pointed stick
garden street 20
37308 Heilbad Heiligenstadt
Germany
Email: info@spitzstock.de
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 consumer(s)
__________________________________________________________
Address of consumer(s)
__________________________________________________________
Signature of consumer(s) (only if notification is on paper)
__________________________
date
(*) Delete where not applicable
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm under the DOC-ID: ##ITK-b899a94583bab8dfdfcaa014a1e5b2e9## and are protected by copyright (www.it-recht-kanzlei.de)
Status: December 2nd, 2021, 2:30:08 p.m
