Terms and Conditions & Cancellation Policy
General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
Table of Contents
A. General terms and conditions with customer information
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
Special conditions for the processing of goods according to certain specifications of the customer
Applicable law
Alternative dispute resolution
B. Information on data protection
Information about the collection of personal data and contact details of the person responsible
contact
Data processing for order processing
Rights of the data subject
Duration of storage of personal data
Reference to the Etsy privacy policy
Tools and other
C. Cancellation policy
Right of withdrawal
Consequences of cancellation
Exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
A. General terms and conditions with customer information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Oliver Wetter (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller with regard to the seller Internet trading platform Etsy (hereinafter referred to as "Etsy"). We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 By posting an item to Etsy, the seller is making a binding offer to sell that 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 at Etsy and then go through the ordering steps specified by Etsy. By clicking the button that completes 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 conclusion of the contract together with the present terms and conditions and customer information. The seller himself will not make the contract text accessible.
2.4 Before submitting the order, the customer can identify 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 browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries before the binding submission of the order as part of the electronic order 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 generally have 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 stated by the seller are total prices and include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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 payment option (s) will be communicated to the customer in the seller's offer at Etsy.
4.4 The seller allows payment via the payment method Etsy Payments. The customer can use the payment methods offered as part of Etsy Payments.
When using this payment method, payment is processed via Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland ('Etsy UC'), unless payment is made in US dollars or Canadian dollars. In this case, payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States (hereinafter: Etsy Inc.).
Etsy UC or Etsy Inc. enables the customer to use various payment methods in the form of payment processing via Etsy Payments
Credit cards
Debit / bank cards
Etsy vouchers and Etsy credits
PayPal
Klarna Pay Later (Germany)
iDEAL (only in the Netherlands)
Immediately (Austria and Germany)
Apple Pay
Android Pay
Etsy UC or Etsy Inc. can use other payment service providers to process payments.
Further information on and the terms of use of Etsy Payments are available here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the item and location of the customer, the aforementioned payment methods may only be available to a limited extent. The specific payment method (s) available for the respective goods will be shown to the customer in the seller's respective offer or as part of the order processing.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given 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 bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
6) Retention of title
If the seller makes advance payment, he reserves 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 provisions of the statutory liability for defects apply.
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability 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 deficiency,
for claims for damages and reimbursement of expenses of the customer, as well
in the event that the seller has maliciously concealed the defect.
7.3 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer has the operator all the content required for processing such as text, images or graphics in the file formats, formats, image specified by the operator - To provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and 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 third-party rights are infringed, in particular copyrights, trademarks and personal rights.
8.2 The customer releases the seller from third party claims, which they can assert in connection with a violation of their rights by 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 legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information that is necessary for the examination of the claims and defense.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.
9) Applicable 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 is habitually resident.
10) Alternative dispute resolution
10.1 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 contact point for out-of-court settlement of disputes arising from online sales 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. Below we inform you about the handling of your personal data when using our website. Personal data are all data with which you can be personally identified.
1.2 Responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Oliver Wetter, Obermenniger Straße 20, 54329 Konz, Germany, Tel .: 0123/45678 - 0, email: fantasiox@gmail.com. The person responsible for the processing of personal data is the natural or legal person who alone or together with others decides on the purposes and means of processing personal data.
2) Contact us
When contacting us (e.g. via contact form or email), personal data is collected, which is what 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 answering your request in accordance with Art. 6 Para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, then an 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 can be inferred from the circumstances that the matter concerned has been finally clarified and provided that there are no statutory retention requirements.
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 far 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 the 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 the payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For more information on data protection, please refer to Etsy's data protection declaration: https://www.etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) to the person responsible with regard to the processing of your personal data, about which we 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 processed personal data, the recipients or categories of recipients to whom your data has been or will be disclosed, the 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 we did not collect it from you, that There is an automated decision-making process including profiling and, if necessary, meaningful information about the logic involved and the scope that affects you and the intended effects of such processing, as well as your right to be informed about the guarantees according to Art. 46 GDPR when your data is forwarded to D riding countries exist;
Right to correction in accordance with 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 deletion in accordance with 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 correctness of your data, which you disputed, is checked, if you reject the deletion of your data due to unauthorized data processing and instead the Request restriction of the processing of your data if you need your data for the establishment, exercise or defense of legal claims, after we no longer need this data after the purpose has been achieved or if you have objected for reasons of your special situation, as long as it is not certain whether our legitimate ones Reasons outweigh;
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, he or she is obliged to correct or delete the data to all recipients to whom the personal data concerning you have been disclosed Notify restriction of processing, unless this proves to be 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 the transfer to another person responsible, insofar as this is technically feasible;
Right to revoke consent given 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 future effect. 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. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal;
Right to lodge a complaint in accordance with Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, particularly in the, without prejudice to any other administrative or judicial remedy Member State of your whereabouts, your place of work or the place of the alleged violation.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PRINCIPLE OF INTERESTED LEGAL INTEREST, YOU HAVE THE RIGHT TO BE AT ALL TIMES FOR REASONS FOR YOUR SITUATION IN THEIR SITUATION.
If you exercise your right to object, we will stop processing the data concerned. A FURTHER PROCESSING IS RESERVED, BUT IF WE CAN PROVIDE COMPULSORY PROTECTED REASONS FOR THE PROCESSING, WHICH EXERCISE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL PROPERTIES, OR IF THE PROCESSING, PUBLICITY, PUBLICITY.
IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISEMENT, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO PROCESS PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE CONTRADICTION AS DESCRIBED ABOVE.
If you make use of your right to object, we will stop processing the data concerned for direct marketing purposes.
5) Duration of storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and - if relevant - also on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of express consent in accordance with Art. 6 Para. 1 lit. a DSGVO, this data is stored until the data subject withdraws their consent.
Are there statutory retention periods for data that are part of legal or similar legal obligations on the basis of Art. 6 Para. 1 lit. b GDPR are processed, this data will be routinely deleted after the retention periods have expired, provided that they are no longer required to fulfill the contract or initiate a contract and / or we do not have a legitimate interest in further storage.
When processing personal data on the basis of Art. 6 Para. 1 lit. f GDPR, this data is stored until the data subject exercises his right to object pursuant to Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate reasons for the 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 Art. 6 Para. 1 lit. f GDPR, this data is stored until the data subject exercises his right to object pursuant to Art. 21 Para. 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. Further information on Etsy's data protection can be found in Etsy's data protection notice: https://www.etsy.com/de/legal/privacy/?ref=ftr
7) Tools and other
Lexoffice
We use the service of the cloud-based accounting software "lexoffice" from Haufe-Lexware GmbH & Co. KG, Munzinger Strasse 9, 79111 Freiburg to handle the accounting.
Lexoffice processes incoming and outgoing invoices and, if applicable, the bank movements of our company in order to automatically record invoices, match them to the transactions and use them to create the financial accounting in a semi-automated process.
If personal data are also processed, the processing is carried out in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in the efficient organization and documentation of our business processes.
More information on lexoffice, the automated processing of data and data protection regulations can be found at https://www.lexoffice.de/datenschutz/
C. Cancellation policy
Right of withdrawal
You have the right to cancel 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 provide us (Oliver Wetter, Obermenniger Straße 20, 54329 Konz, Germany, Tel .: 0123/45678 - 0, Email: fantasiox@gmail.com) with a clear statement (e.g. a letter sent by post or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we have made all payments to you that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received 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 expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we can 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.
You must return or hand over the goods to us immediately and in any event no later than 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 twenty-one day period expires.
You 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 handling that is not necessary for checking the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
D. Withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
At
Oliver weather
Obermenniger Strasse 20
54329 Conc
Germany
Email: fantasiox@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 for notification on paper)
_________________________
date
(*) Delete where inapplicable
