Terms of contract within the framework of purchase contracts concluded via the e-commerce platform "Etsy".
between
(spadindesigns, yourownpicture & Riestenweg, if applicable L2, 11-13, 68159 Mannheim)
- in the following "supplier" -
and
the customers designated in § 2 of the contract
- hereinafter referred to as "Customer" -.
are concluded.
§ 1 Scope, definitions
(1) The provider offers physical or digital goods via the e-commerce platform "Etsy", whereby the provider merely provides the content of its subpage, the provider store (hereinafter: "Shop").
(2) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
(3) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The presentation of the goods in the store does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) Customer iSd contract is who submits an offer to purchase goods of the provider. The customer can select products from the range of the provider and collect them via the button "add to cart" in a so-called shopping cart. By clicking the button "pay with paypal/applepay" or "order with obligation to pay" he makes a binding offer to purchase the goods in the shopping cart. By sending the offer, the customer accepts these contractual provisions and thereby incorporates them in his offer declaration.
(3) "Etsy" takes over parts of the electronic communication with the customer independently and can, for example, send the customer an automatic application receipt by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the order of the customer has been received by the provider and does not constitute an acceptance of the application. The acceptance of the contract takes place through a separate declaration of acceptance by the provider, e.g. through the shipping notification of the provider, at the latest through the receipt of the goods.
(4) The contract language is German.
§ 3 Delivery, availability of goods
(1) Whether the goods are kept in stock or produced to order can be seen in the article descriptions. If the article description does not indicate this, production to order shall be assumed.
(2) The production period is calculated from the time of our order confirmation, prior payment of the purchase price provided. If no production period is specified in our store, the production period shall be two weeks.
(3) After the expiration of the production period, the expiration of the delivery period begins. If no delivery time is indicated in our store, the delivery time is usually three days.
(4) The following delivery restrictions apply: The supplier only delivers to customers whose billing address and delivery address is in one of the countries available in the shipping settings of the item.
(5) A procurement risk is not assumed by us in any case. Our obligation to deliver is limited to goods from our stock of goods, including the stock of goods of our respective partner dealer.
Our obligation to deliver shall not apply if we ourselves are not supplied correctly and/or on time and are not responsible for the lack of availability, provided that we have informed you of this without delay. Any advance payment will be refunded in the event of non-availability.
The provider is not obliged to ensure permanent availability of the offer. This does not apply to orders that have already been placed.
(6) The provider delivers to the address that is specified as the shipping address during the ordering process. If additional costs (e.g. customs, etc.) arise from the shipment beyond the shipping costs, these are to be borne by the customer. The customer shall also bear the costs resulting from failed shipping attempts, insofar as he is responsible for them. The latter applies in particular if the customer gives a wrong delivery address.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) The provider expressly points out that the stated sales taxes are advertised by "Etsy". Etsy" alone is responsible for compliance with the requirements under sales tax law, based on the information provided by the provider.
(2) The amount of shipping costs depends on the item description of the goods. The specified shipping method, may differ from the details of the item description, in particular due to economic considerations of the provider.
(3) The shipping risk is borne by the provider only insofar as the customer is a consumer iSd BGB.
(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment. This does not apply if the customer is exposed to disproportionate difficulties by a return.
§ 6 Payment modalities
(1) The payment methods are provided by "Etsy", which is why the provider is not liable for any transaction risk.
(2) Payment of the purchase price is due upon submission of the purchase request.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.
§ 7 Defect Rights & Guarantees
(1) Unless otherwise expressly agreed below, the statutory defect liability law applies.
(2) In the case of contracts concluded with entrepreneurs, the following shall apply: Claims for material defects shall become statute-barred within one year of handover or delivery of the goods.
(3) In the case of the sale of used goods to consumers, the following shall apply: If the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
(4) In case of sale of used goods to entrepreneurs, the following shall apply: Any liability for material defects shall be excluded.
(5) The aforementioned restrictions and shortening of time limits vis-à-vis entrepreneurs and consumers do not apply to claims based on damages caused by the supplier, his legal representatives or vicarious agents
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, as far as agreed with the supplier himself or
- as far as the scope of application of the product liability law is opened.
(6) The Provider itself does not give any warranties beyond the statutory warranty. Insofar as the manufacturer of the goods gives a so-called manufacturer's warranty on the goods, you will find their exact conditions on the respective product page or in the respective product information in the store. The provider is not liable for the correctness of the information provided by the manufacturer regarding the warranty. The manufacturer alone is the opponent for claims arising from any manufacturer's warranty.
(7) A product marked "Recycled" is generally not considered used goods, unless the item description states otherwise.
§ 8 Liability
(1) For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty promises, as far as the supplier himself agrees, or
- as far as the scope of application of the product liability law is opened.
(2) In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
a. Cancellation Policy Right of Cancellation
You have the right to cancel 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 goods. To exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample cancellation form, 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.
b. Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 favorable standard delivery offered by us), without undue delay and no later than within fourteen 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 within fourteen 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 fourteen 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 examination of the condition, properties and functioning of the goods.
(2) The right of withdrawal does not exist if the customer has the article individualized. Articles are individualized, if according to § 312g II No. 1 BGB the goods are not prefabricated and for their production an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer. This applies in particular to articles, with which with order or beyond that opposite the offerer a explanation was given, certain personalization desires at the article to let make (e.g. writings, engravings, etc.) and these personalization desires after production clearly impairs the chances of the resale to other persons.
(3) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model revocation form
(If you want to revoke the contract, please fill out this form and send it back).
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 consumer(s) (only in case of paper communication)
Date
(*) Delete as applicable
(4) Entrepreneurs do not have the right of withdrawal.
(5) Insofar as the goods are a digital product, the following shall apply: The revocation period begins with the conclusion of the contract. The digital product shall only be transmitted to the customer after the expiry of the revocation period. If the customer wishes to receive the digital product before the end of the withdrawal period, he must expressly declare that he wishes to receive the digital product before the end of the withdrawal period and that he waives his right of withdrawal and that he is aware that his right of withdrawal expires as a result of this declaration. For this declaration, the customer can use the form provided for this purpose by "Etsy".
§ 10 Final provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(3) The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board for the resolution of disputes with consumers. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. In order to settle the aforementioned disputes, we will participate in a dispute resolution procedure before this body.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
