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Terms and conditions with customer information & information on privacy & cancellation policy & cancellation form
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A. General Terms and Conditions with Customer Information
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1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms") of Jonas Nölle (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") to the Seller in respect of the Seller Internet trading platform Etsy (hereinafter "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 By placing an item with 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 held by Etsy. For this purpose, the customer must first insert the desired article in the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button concluding the order process, the customer declares the acceptance of the offer, whereby a purchase contract for the goods selected by the customer before comes about.
2.3 The contract is saved by the seller and sent to the customer after the conclusion of the contract together with the present GTC and customer information in text form (eg e-mail, fax or letter). An additional accessibility of the contract by the seller itself does not take place.
2.4 Prior to the binding submission of the order, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order within the electronic ordering process with 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 in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include the legal value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are specified in the offer of the seller at Etsy.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment method "PayPal" is selected, payment is 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, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account.
4.6 For Etsy coupon payments, the Etsy coupon terms and conditions are available at https://www.etsy.com/help/article/3292.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way 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 shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages and reimbursement claims of the customer, as well
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
8.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between 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 state in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
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B. Privacy information
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1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you visit our Etsy website (hereinafter "Website") and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data that allows you to be personally identified.
1.2 Responsible for data processing within the meaning of the General Data Protection Regulation (DSGVO) is Jonas Nölle, Overbergstr. 109, 58099 Hagen, Germany, Tel .: 02331/9108646, E-Mail: kontakt@loeffelland.de. The person responsible for the processing of personal data is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data.
2) contact
In the context of contacting us (for example by contact form or e-mail) personal data are collected, which are, you can see from the contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter in question is finally clarified and provided that no statutory storage requirements are in conflict.
3) Data processing for order processing
3.1 In order to process your order, we cooperate with the following service providers who assist us wholly or partially in the execution of concluded contracts. These personal data will be transmitted to these service providers in accordance with the following information.
3.2 The personal data collected by us will be passed on to the carrier in charge of the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods. We will pass on your payment details to the commissioned bank as part of the payment process, if this is necessary for the payment process. 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 DSGVO.
3.3 Order processing takes place via the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data will be provided in accordance with Art. 6 para. 1 lit. b DSGVO exclusively forwarded to Billbee for processing the online order. The transfer of your data takes place only insofar as this is actually necessary for the processing of the order. Details on Billbee's privacy and Billbee's privacy policy are available on the Billbee website at "billbee.com".
3.4 If you pay by credit card via PayPal or by direct debit via PayPal, we will transfer your payment data to Paypal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process.
4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) with regard to the processing of your personal data, which we inform you about below:
- Right of access according to Art. 15 GDPR: In particular, you have a right to information about the personal data processed by us, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data has been disclosed or will be planned storage period or the criteria for determining the storage period, the right of rectification, deletion, limitation of processing, objection to the processing, complaint to a supervisory authority, the origin of your data, if they were not collected by us, the existence of automated decision-making including profiling and possibly meaningful information on the logic involved and the scope and effect of such processing, as well as your right to be informed, which guarantees under Art. 46 GDPR when forwarded Your data to third countries;
- Right to correction according to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
- Right to cancellation pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, exercise or defense of rights;
- Right to restriction of the processing according to Art. 18 GDPR: You have the right to demand the restriction of the processing of your personal data, as long as the correctness of your data, which you contested, is checked, if you refuse a deletion of your data due to inadmissible data processing and instead require the restriction of the processing of your data, if you need your data for the assertion, exercise or defense of legal rights, after we no longer need this data after purpose or if you objected for reasons of your special situation, as yet as it is not certain, whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have the right to rectify, delete or limit the processing to the person responsible, he / she is obliged to rectify or delete the data to all recipients to whom the personal data relating to you have been disclosed or limitation of processing, unless proving to be impossible or disproportionate. You have the right to be informed about these recipients.
- Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible, as far as this is technically feasible ;
- Right of revocation of granted consent pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke consent once given in the processing of data at any time with effect for the future. In the case of withdrawal, we will delete the data concerned immediately, as far as further processing can not be based on a legal basis for consentless processing. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- Right to appeal under Art. 77 GDPR: If you believe that the processing of personal data concerning you is contrary to the GDPR, you have the right to complain to a supervisory authority, in particular in any other administrative or judicial remedy the Member State of your whereabouts, your place of work or the place of the alleged infringement.
4.2 OPPOSITION RIGHT
IF, IN THE CONTEXT OF INTEREST ACCOUNTABILITY, WE PROCESS OUR PERSONAL DATA BASED ON OUR MAJOR LEGITIMATE INTEREST, YOU HAVE ANY PRESENT RIGHT TO SUBMIT AGAINST THIS PROCESSING FOR CONSEQUENCES WITH EFFECT ON THE FUTURE FOR REASONS OBTAINED FROM YOUR SPECIFIC SITUATION.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE AFFECTED DATA. FURTHER PROCESSING REMAINS SUBJECT TO EXERCISE WHEN WE MAY PROVIDE IMPERATIVE REASONABLE REASONS FOR PROCESSING WHICH EXCEED ITS INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE PRESENTATION, EXERCISE OR DEFENSE OF LEGAL CHARGES.
IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISING, YOU HAVE THE RIGHT TO INTRODUCE ANY CONTESTING AGAINST THE PROCESSING OF YOU OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE THE OPPOSITE AS DESCRIBED ABOVE.
MAKE USE OF YOUR CONTINGENCY RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ACCEPTANCE.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal retention period (eg commercial and tax retention periods). After the deadline, the corresponding data are routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract and / or on our part no legitimate interest in the re-storage persists.
6) Reference to the Etsy privacy policy
For all other data processing beyond the data processing described above, the Etsy platform is responsible. For more information about Etsy's privacy, please refer to the Etsy Privacy Policy: https://www.etsy.com/en/legal/privacy/?ref=ftr
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C. Cancellation policy
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Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Jonas Nölle, Overbergstr 109, 58099 Hagen, Germany, Tel .: 02331/9108646, E-Mail: kontakt@loeffelland.de) by means of a clear statement (eg one with the Mail or e-mail sent) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
For contracts for delivery of goods, we may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than within twenty-one days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of twenty-one days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
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D. Cancellation form
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If you want to revoke the contract, please fill out this form and send it back.
At
Jonas Nölle
Overbergstr. 109
58099 Hagen
Germany
E-Mail: kontakt@loeffelland.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer (s)
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Address of the consumer (s)
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Signature of the consumer (s) (only when notified on paper)
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date
(*) Delete as appropriate
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Copyright notice: These terms and conditions have been created by the specialized lawyers of the IT-Recht Kanzlei under the DOCID: ## ITK-b61204524ab8e69c78238716dc95c4e9 ## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 201807051551
