AGB & Cancellation policy
Imprint/ Cancellation policy/ Sample cancellation form/
General Terms and Conditions and Customer Information/ Privacy Policy
Imprint
Legal provider identification:
Robert Menhart
Ecommerce Shopify Dropshipping
Immanuel-Kant-Strasse 43
84489 Burghausen
Germany
Phone: 015259141380
E-Mail: robertm@digitaltoart.de
VAT ID No.: DE350243092
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
Right of withdrawal for the sale of goods
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;
- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;
In order to exercise your right of withdrawal, you must inform us (Robert Menhart, Immanuel-Kant-Strasse 43, 84489 Burghausen, telephone no.: 15259141380, e-mail address: robertm@digitaltoart.de) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, 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 the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
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.
You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form).
- To Robert Menhart, Immanuel-Kant-Straße 43, 84489 Burghausen, e-mail address: robertm@digitaltoart.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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where not applicable.
General terms and conditions and customer information/privacy policy
I. General Terms and Conditions
1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Robert Menhart) via the internet platform etsy. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by us on etsy, the activation of the offer page on etsy is the binding offer to conclude a contract under the conditions contained in the article page.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can call up the shopping cart via the corresponding button in the navigation bar and make changes there at any time. After selecting the payment method and calling up the page Proceed to checkout or Pay with PayPal, the personal data and the payment method-related data are entered. Finally, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal or Sofort) as a payment method, you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be redirected back to etsy to the order overview page.
Before submitting the order, you have the opportunity to review all information on the order overview page, change (also via the function back of the Internet browser) or cancel the purchase.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as stated in the respective item description, you will receive a correction template from us, which you must check immediately.
4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Robert Menhart
Immanuel-Kant-Strasse 43
84489 Burghausen
Germany
Phone: 015259141380
E-mail: robertm@digitaltoart.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with the provisions on the conclusion of the contract in our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete contract text will not be stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
If no other period is specified in the respective offer or under the correspondingly designated button, the goods shall be delivered within 3-5 days after conclusion of the contract (in the case of agreed advance payment, however, only after the time of your payment instruction).
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. legal liability for defects
Liability for defects is governed by the warranty provision in our General Terms and Conditions (Part I).
last update: 29.11.2022
Privacy policy
Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it will have no consequences. This only applies insofar as no other indication is made in the subsequent processing operations.
Personal data is any information that relates to an identified or identifiable natural person
Responsible
Contact us if you wish. The person responsible for data processing is: Robert Menhart, Immanuel-Kant-Str., 84489 Burghausen Germany, 15259141380, robertm@digitaltoart.de
Collection, processing and transfer of personal data when ordering
When you place an order, we collect and process your personal data only to the extent necessary for the fulfillment and processing of your order and to process your requests. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 (1) lit. b DSGVO and is necessary for the performance of a contract with you.
A transfer of your data takes place, for example, to the shipping companies and dropshipping providers selected by you, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transfer is limited to a minimum.
Merchandise management
Use of an external merchandise management system
We use an enterprise resource planning system for contract processing within the scope of order processing. For this purpose, your personal data collected in the context of the order is transferred to
easybill GmbH, Düsselstr. 21, 41654 Kaarst, Germany
transmitted.
Use of PayPal
We use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; PayPal ) on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
All PayPal transactions are subject to the PayPal privacy policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Use of PayPal Plus
We use the PayPal Plus payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; PayPal ) on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right for reasons arising from your particular situation to object at any time to this processing based on Art. 6 (1) lit. f DSGVO. You may object to the processing of your personal data by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.
Use of Klarna payment options
We use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; Klarna ) on our website. With the selection and use of payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
Pay Later (Invoice), Pay Now (Payment by Direct Debit), Financing (Installment Purchase).
For individual payment methods such as Pay Later (invoice), Pay Now (payment by direct debit), Financing (installment purchase), Klarna reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies.
For this purpose, Klarna transmits the personal data required for a credit check, such as first and last name, address, gender, e-mail address, IP address, as well as data related to the order, to a credit agency for the purpose of identity and credit checks and uses the information received about the statistical probability of non-payment for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protection against payment default when Klarna makes advance payments. You have the right to object at any time to this processing of personal data concerning you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying Klarna. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.
Further information, in particular to which credit agencies Klarna passes on your personal data, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.
General information about Klarna can be found at: https://www.klarna.com/de/. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
Use of SOFORT
We use the payment service provider SOFORT GmbH, (Theresienhöhe 12, 80339 Munich, Germany; SOFORT ) for payment processing on our website. Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). The data processing serves the purpose of being able to offer you various payment methods through payment processing via the payment service provider SOFORT. If you have opted for the payment option, the data required for payment processing will be transferred to SOFORT.
Duration of storage
After complete processing of the contract, the data will initially be stored for the duration of the warranty period, thereafter taking into account statutory, in particular tax and commercial law retention periods and then deleted after expiry of the period, unless you have consented to further processing and use.
Rights of the data subject
You are entitled to the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met: right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, you have the right to object to processing based on Art. 6(1)(f) DSGVO and to processing for the purposes of direct marketing in accordance with Art. 21(1) DSGVO.
Right of complaint to the supervisory authority
In accordance with Art. 77 DSGVO, you have the right to lodge a complaint with the supervisory authority if you believe that the processing of your personal data is not lawful.
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you can reach at the following contact details:
Bavarian State Office for Data Protection Supervision (BayLDA).
Promenade 18
91522 Ansbach
Phone: +49 981 1800930
Fax: +49 981 180093800
E-mail: poststelle@lda.bayern.de
Right of objection
If the personal data processing listed here is based on our legitimate interest according to Art. 6 (1) lit. f DSGVO, you have the right to object to this processing with effect for the future at any time for reasons arising from your particular situation.
After the objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims.
last update: 29.11.2022
