General Terms and Conditions & Information on Data
Protection & Cancellation Policy & Cancellation Form
Table of contents
A. General Terms and Conditions
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects
9. Special conditions for the processing of goods according to specific customer
specifications
10. Applicable law
11. Alternative dispute resolution
B. Information on data protection
1. Information on the collection of personal data and contact details of the
controller
2. Contact us
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy privacy policy
C. Cancellation policy
1. Introduction
2. Right of withdrawal
3. Consequences of revocation
4. Exclusion or premature expiry of the right of withdrawal
D. Revocation form
A. General Terms and Conditions
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Timo Hufnagel (hereinafter referred to as "Seller") shall apply to all contracts
concluded between a consumer or a trader (hereinafter referred to as "Client") and the
Seller relating to all goods and/or services presented in the online shop of the Seller on
Etsy (hereinafter referred to as "Etsy"). The inclusion of the customer's own terms and
conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless
otherwise agreed. Digital content within the meaning of these GTC is data that is created
and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes
a legal transaction for purposes that cannot be attributed primarily to their commercial
or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or
a partnership with legal capacity who, when concluding a legal transaction, is acting
in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 By listing an item on 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 provided by
Etsy. To do this, the customer must first place the desired item in the virtual shopping
cart on Etsy and then go through the order steps specified by Etsy. By clicking the
button that concludes the order process, the customer declares acceptance of the offer,
whereby a purchase contract is concluded for the goods previously selected by the
customer.
2.3 The text of the contract is stored by the seller and sent to the customer in text form
(e.g. e-mail, fax or letter) together with these GTC and customer information after
conclusion of the contract. The seller shall not make the text of the contract available
beyond this.
2.4 Before placing a binding order, the customer can recognize possible input errors by
carefully reading the information displayed on the screen. An effective technical means
for better recognition of input errors can be the magnification function of the browser,
with the help of which the display on the screen is enlarged. The customer can check
their entries before submitting the binding order as part of the electronic ordering
process using the usual Correct keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
2.6 The following languages are also available for the conclusion of the contract:
- English
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's
withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted
are total prices. Value added tax is not shown as the seller is a small business
within the meaning of the German Value Added Tax Act (UStG). Any additional
delivery and shipping costs will be indicated separately in the respective product
description.
4.2 For deliveries to countries outside the European Union, further costs may be
incurred in individual cases for which the seller is not responsible and which are to be
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 may also be incurred in relation to the transfer of funds 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
on Etsy.
4.4 When paying by means of a payment method offered via the payment service "Etsy
Payments", payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand
Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in US dollars
or Canadian dollars - via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201, United States
of America (hereinafter "Etsy Inc."). Etsy UC or Etsy Inc. enables the customer to use
various payment methods as part of payment processing via Etsy Payments. Etsy UC or
Etsy Inc. may use the payment services of third parties to process payments. The
specific payment method(s) available for the respective goods will be displayed to the
customer in the respective offer of the seller or as part of the order processing. Further
information on and the terms of use of Etsy Payments can be found here:
etsy.com/en/legal/etsy-payments/?ref=lis
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by shipping 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 is decisive. Deviating from this, if the
payment method PayPal is selected, the delivery address provided by the customer at
the time of payment at PayPal is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible,
the customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs for the return shipment if the customer
effectively exercises his right of withdrawal. If the customer effectively exercises his
right of revocation, the provision made in the seller's revocation instructions shall apply
to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of
incorrect or improper self-delivery. This shall only apply in the event that the Seller is
not responsible for the non-delivery and the Seller has concluded a specific covering
transaction with the supplier with due care. The seller shall make every reasonable
effort to procure the goods. In the event of non-availability or only partial availability of
the goods, the customer shall be informed immediately and the consideration shall be
reimbursed without delay.
5.4 Digital content is provided to the customer as follows:
- via download
- by e-mail
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the seller's content description on Etsy, the seller
grants the customer the non-exclusive, geographically and temporally unlimited right
to use the content provided exclusively for private purposes.
6.2 The transfer of content to third parties or the creation of copies for third parties
outside the scope of these GTC is not permitted unless the seller has consented to the
transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-off provision of digital content, the
granting of rights shall only become effective once the customer has paid the
remuneration owed in full. The seller may provisionally permit the use of the
contractual content even before this point in time. Such provisional permission does
not constitute a transfer of rights.
7) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the
purchase price owed has been paid in full.
8) Liability for defects
Unless otherwise stated in the following provisions, the provisions of statutory liability for
defects shall apply. In deviation from this, the following applies to contracts for the
delivery of goods:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the
goods;
- rights and claims for defects are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made
as part of the liability for defects.
8.2 The aforementioned limitations of liability and shortening of time limits do not
apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal
use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products,
in the case of contracts for the supply of goods with digital elements.
8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing
statutory right of recourse shall remain unaffected.
8.4 If the customer acts as a merchant within the meaning of § 1 of the German
Commercial Code (HGB), he shall be subject to the commercial obligation to
inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to
comply with the notification obligations regulated therein, the goods shall be
deemed approved.
8.5 If the customer is acting as a consumer, he is requested to complain to the
deliverer about delivered goods with obvious transport damage and to inform the
seller of this. If the customer fails to do so, this shall have no effect on his statutory or
contractual claims for defects.
9) Special conditions for the processing of goods according to specific
customer specifications
9.1 If, according to the content of the contract, the seller is also responsible for
processing the goods according to the customer's specifications in addition to
delivering the goods, the customer must provide the operator with all content required
for processing, such as texts, images or graphics in the file formats, formatting, image
and file sizes specified by the operator and grant the operator the necessary rights of
use. The customer is solely responsible for the procurement and acquisition of rights to
this content. The customer declares and assumes responsibility that he has the right to
use the content provided to the seller. In particular, the customer shall ensure that no
third-party rights are infringed, especially copyrights, trademark rights and personal
rights.
9.2 The customer shall indemnify the seller against claims by third parties which they
may assert against the seller in connection with an infringement of their rights through
the contractual use of the customer's content by the seller. The customer shall also
assume the reasonable costs of the necessary legal defense, including all court and
attorney's fees in the statutory amount. This does not apply if the customer is not
responsible for the infringement. In the event of a claim by a third party, the customer is
obliged to provide the seller immediately, truthfully and completely with all information
necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided
by the customer violates legal or official prohibitions or offends common decency.
This applies in particular to the provision of anti-constitutional, racist, xenophobic,
discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties to the exclusion of the laws on the international sale of goods. 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 country in which the consumer has his habitual
residence is not withdrawn.
11) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings
before a consumer arbitration board.
B. Information on data protection
1) Information on the collection of personal data and contact details of the
controller
1.1 We are pleased that you are visiting our Etsy site (hereinafter "website") and thank
you for your interest. In the following, we inform you about how we handle your
personal data when you use our website. Personal data is all data with which you can
be personally identified.
1.2 The controller in charge of data processing, within the meaning of the General
Data Protection Regulation (GDPR), is Timo Hufnagel, RedMountain Street Shop,
Rotebergstrasse 26a, 65779 Kelkheim, Deutschland, Tel.: 015678558512, E-Mail:
redmountainstreet@web.de. The controller responsible for the processing of
personal data is the natural or legal person who alone or jointly with others
determines the purposes and means of the processing of personal data.
2) Contact us
When you contact us (e.g. via contact form or e-mail), we collect the personal data you
provide to us for this purpose. This data is stored and used exclusively for the purpose
of processing your request and the associated technical administration. The legal basis
for the processing of the data is our legitimate interest in processing your request in
accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a
contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your
data will be deleted after final processing of your request, provided that there are no
statutory retention obligations to the contrary.
We consider the processing of your request to be completed when it can be inferred
from the circumstances that the matter in question has been conclusively clarified.
3) Data processing for order processing
3.1 Insofar as necessary for contract processing for delivery and payment purposes,
the personal data collected by us will be passed on to the commissioned transport
company and the commissioned credit institution in accordance with Art. 6 para. 1
lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis
of a corresponding contract, we process the contact data (name, address, e-mail address)
provided by you when ordering in order to inform you personally by suitable means of
communication (e.g. by post or e-mail) about upcoming updates within the legally
prescribed period within the scope of our statutory information obligations pursuant to
Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of
notifying you of updates owed by us and will be stored by us for this purpose processed only to the extent that this is necessary for the respective information.
To process your order, we also work together with the following service provider(s), who
support us in whole or in part in the execution of concluded contracts. Certain personal
data is transmitted to these service providers in accordance with the following
information.
3.2 We work together with external shipping partners to fulfill our contractual
obligations to our customers. We pass on your name and your delivery address to a
shipping partner selected by us exclusively for the purpose of delivering goods in
accordance with Art. 6 para. 1 lit. b GDPR.
3.3 When using the payment method Etsy Payments, the 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 dollars. In this case, the payment
is processed via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201, United States of
America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 para.
1 lit. b GDPR and only insofar as this is necessary for payment processing.
For further data protection information, please refer to Etsy's privacy policy:
etsy.com/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights
(information and intervention rights) vis-à-vis the controller 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 the right
to information about your personal data processed by us, the purposes of processing,
the categories of personal data processed, 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 rectification, erasure,
restriction of processing, objection to processing, complaint to a supervisory authority,
the origin of your data if it was not collected by us from you, the existence of
automated decision-making including profiling and, if applicable, meaningful
information on the logic involved and the scope and intended effects of such processing
on you, as well as your right to be informed of the guarantees pursuant to Art. 46 GDPR
if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have a right to immediate
rectification of incorrect data concerning you and/or completion of your incomplete
data stored by us;
- Right to erasure in accordance with Art. 17 GDPR: You have the right to request the
erasure of you 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 for exercising the right of
freedom of expression and information, for compliance with a legal obligation, for
reasons of public interest or for the establishment, exercise or defense of 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 accuracy
of your data, which you dispute, is being checked, if you refuse to delete your data due
to unauthorized data processing and instead request the restriction of the processing of
your data, if you need your data to assert, exercise or defend legal claims after we no
longer need this data after the purpose has been achieved or if you have lodged an
objection for reasons of your particular situation, as long as it is not yet clear whether
our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to
rectification, erasure or restriction of processing against the controller, the controller is
obliged to notify all recipients to whom the personal data concerning you have been
disclosed of this rectification or erasure of the data or restriction of processing, unless
this proves impossible or involves a disproportionate effort. You have the right to be
informed about these recipients.
- Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your
personal data that you have provided to us in a structured, commonly used and
machine-readable format or to request that it be transmitted to another controller,
insofar as this is technically feasible;
- Right to withdraw consent granted in accordance with Art. 7 (3) GDPR: You have the
right to withdraw your consent to the processing of data at any time with effect for the
future. 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.
The withdrawal of consent shall not affect the lawfulness of processing based on
consent before its withdrawal;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the
processing of personal data relating to you infringes the GDPR, you have the right to
lodge a complaint with a supervisory authority, in particular in the Member State of
your habitual residence, place of work or place of the alleged infringement, without
prejudice to any other administrative or judicial remedy.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS
ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY
TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING
TO YOUR PARTICULAR SITUATION.
TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA
CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE
CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH
OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE
PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT
MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF
PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN
EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE 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 determined by the respective legal
basis, the purpose of processing and - if relevant - additionally by 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 GDPR, the data concerned will be stored until you withdraw your consent.
If there are statutory retention periods for data that is processed within the framework
of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be
routinely deleted after the retention periods have expired, provided that it is no longer
required for contract fulfillment or contract initiation and/or we no longer have a
legitimate interest in further storage.
When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data will
be stored until you exercise your right to object in accordance with Art. 21 para. 1
GDPR, unless we can demonstrate compelling legitimate grounds for the processing
which override your interests, rights and freedoms, or the processing serves the
establishment, exercise or defense of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6
para. 1 lit. f GDPR, this data is stored until you exercise your right to object in
accordance with Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing
situations, stored personal data is deleted when it is no longer necessary for the purposes
for which it was collected or otherwise processed.
6) Reference to the Etsy privacy policy
The Etsy platform is responsible for all further data processing that goes beyond the data
processing described above. Further information on Etsy's data protection can be found in
Etsy's privacy policy: etsy.com/en/legal/privacy/?ref=ftr
C. Cancellation policy
Introduction
Consumers are entitled to a right of revocation in accordance with the following
provisions, whereby a consumer is any natural person who concludes a legal transaction
for purposes that can predominantly be attributed neither to their commercial nor their
independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving
any reason.
In the case of contracts for the delivery of goods, the withdrawal 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 the case of contracts for the delivery of data that is not on a physical data carrier and
is produced and provided in digital form (digital content), the withdrawal period is
fourteen days from the day the contract is concluded.
To exercise the right to cancel, you must inform us (Timo Hufnagel, RedMountain Street
Shop, Rotebergstrasse 26a, 65779 Kelkheim, Deutschland, Tel.: 015678558512, E-Mail:
redmountainstreet@web.de) of your decision to cancel this contract by a clear statement
(e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form,
but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of
exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from
you, including the costs of delivery (with the exception of the supplementary costs
resulting from your choice of a type of delivery other than the least expensive type of
standard delivery offered by us), without undue delay and in any event not later than 14
days from the day on which we are informed about your decision to withdraw from 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; under no
circumstances will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we may refuse to refund 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 the goods without delay and in any case within twenty-one days at the
latest days from the day on which you inform us of the revocation of this contract. The
deadline is met if you send the goods before the period of twenty-one days has expired.
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 of the goods that is not necessary for checking their condition, properties and
functionality.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are
not prefabricated and for the manufacture of which an individual selection or
determination by the consumer is decisive or which are clearly tailored to the personal
needs of the consumer.
The right of withdrawal expires prematurely in the case of contracts for the provision of
digital content if we have begun to fulfill the contract after you have expressly agreed
that we will begin to fulfill the contract before the expiry of the withdrawal period, you
have confirmed to us that you are aware that you will lose your right of withdrawal
upon commencement of the fulfillment of the contract and we have provided you with a
confirmation of the contract, in which the content of the contract, including the
aforementioned conditions for the premature expiry of the right of withdrawal, is
reproduced, on a durable medium.
D. Revocation form
If you wish to cancel the contract, please fill out this form and send it back to us.
To
Timo Hufnagel
RedMountain Street Shop
Rotebergstrasse 26a
65779 Kelkheim Germany
E-mail: redmountainstreet@web.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 for notification on paper)
___________________________________________________
Date
(*) Delete as appropriate
