GENERAL TERMS AND CONDITIONS
1) Scope of Application
1.1 These Terms and Conditions of the company Moonshine Letters (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Etsy (hereinafter referred to as "Etsy”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These Terms and Conditions regarding contracts for the supply of digital content apply accordingly, unless expressly otherwise agreed.
1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 Digital content pursuant to these Terms and Conditions means data, which are not contained on a tangible medium and which are produced in digital form and supplied by the Seller granting certain rights of use regulated specifically in these Terms and Conditions.
2) Conclusion of the Contract
2.1 When placing an item on the electronic platform Etsy , the Seller shall make a
binding offer to the interested party for the sale of this item.
2.2 The Client can accept the Seller’s offer via the Etsy online order form. In doing so, the Client has to place the selected item in the virtual Etsy shopping basket and subsequently he has to go through the ordering steps specified by Etsy. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.
2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored by Etsy and can be called free of charge by the Client via his Etsy password-protected customer account.
2.4 The Client can correct all the data entered via the technical means provided by Etsy prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.
2.5 The German and the English language are exclusively available for the conclusion of the contract.
3) Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel
4) Price and Delivery Costs
4.1 The prices indicated by the Seller are final prices and include the legal value added tax. Any additional delivery and shipping costs are indicated in each respective product description if applicable.
4.2 Various modes of payment are available for the Client which are indicated in the Etsy Seller's online shop.
4.3 When using a payment method offered via the payment service "Etsy Payments", the payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies of US dollars or Canadian dollars - by Etsy Inc, 117 Adams Street, Brooklyn, NY 11201 , United States of America (hereinafter "Etsy Inc"). Etsy UC or Etsy Inc. enables the Client to use various payment methods as part of the payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may use the payment services of third parties. The specific payment method(s) available for the respective goods will be displayed to the Client in the respective offer of the Seller or in the context of order processing. Further information and the terms of use of Etsy Payments are available here: etsy.com/de/legal/etsy-payments/?ref=list
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Shipment and delivery conditions
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 Should the Client collect the goods himself, the Seller informs the Client via e-mail, that the goods are ready for collection. After receipt of the e-mail the Client may collect the goods at the Seller’s place of business after consultation with the Seller. In this case no shipping costs will be charged.
5.3 Digital content will be supplied to the Client exclusively in electronic form as follows: - per download
6) Granting the rights of use for digital content
6.1 Unless stated otherwise in the Seller’s Etsy description of contents, the Seller grants the Client the non-exclusive, temporarily and regionally unlimited right to use the supplied content exclusively for private purposes.
6.2 Passing on of content or the production of copies to third parties outside the framework of these Terms and Conditions is prohibited, unless the Seller has consented to the transfer of the license covered by the contract for third parties.
6.3 Pursuant to article 158, paragraph 1 German Civil Code, granting of rights will only be legally valid once the Client has paid in full the sum owed. The Seller my permit the use of digital content covered by the contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
9) Special Conditions for the Processing of Goods According to Client's Specifications
9.1 If, according to the content of the contract, the Seller is responsible for the delivery of the goods and also the processing of the goods in accordance with the Client’s specifications, the Client must provide the Seller with all content needed for processing such texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant him the rights of use required for this purpose. The Client is solely responsible for the procurement and acquisition of rights to this content. The Client declares and accepts responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed (in particular, copyrights, trademarks, and personal rights).
9.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs of the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.
9.3 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.
10) Applicable Law
The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11) Alternative Dispute Resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
INSTRUCTIONS FOR CANCELLATION
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
If the contract is a contract for the supply of data which are not supplied on a tangible medium and produced and made available in digital form (digital content), the cancellation period ends at the end of 14 days after the day on which the contract is entered into.
To exercise the right to cancel, you must inform us (Jennifer Galanis, Kundratstraße 10/13/2, 1100 Wien, Österreich, Tel.: +4369919477764, E-Mail: moonshineletters@gmail.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
If the contract is a sales contract for the delivery of goods, we may withhold reimbursement until we have received the goods back.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 21 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 21 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
In case of contracts for the supply of digital goods, the right of cancellation shall expire prematurely if we have started the performance of the contract after you have expressly agreed that we start the performance of the contract before the expiry of the cancellation period, and you have confirmed to us your knowledge that you lose your right of cancellation by agreeing to start the performance of the contract, and if we have provided you with a confirmation of the contract on a durable medium containing the content of the contract including the aforementioned conditions relating to the premature expiry of the right of cancellation.
CANCELLATION FORM
If you wish to cancel this contract, please complete and submit this form.
Jennifer Galanis
Kundratstrasse 10/13/2
1100 Vienna
Austria
Email: moonshineletters@gmail.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(*) Delete as appropriate
