Terms and conditions & cancellation policy
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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of Contents
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A. General terms and conditions with customer information
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of Title
7. Liability for defects
8. Applicable Law
9. Alternative dispute resolution
B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Establishing contact
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
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1. Right of withdrawal
2. Consequences of the withdrawal
D. Withdrawal Form
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A. General terms and conditions with customer information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of MyBaliNest, apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods displayed by the seller on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the 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 using 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 concludes the ordering process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract is saved by the seller and sent to the customer after the conclusion of the contract along with the present terms and conditions and customer information in text form (e.g. email, fax or letter). Any further provision of the contract text by the seller himself does not take place.
2.4 Before the binding submission of the order, the customer can identify 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 browser's enlargement 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 ordering 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 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs that may arise 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 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 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 on Etsy.
4.4 When paying by means of a payment method offered by the "Etsy Payments" payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies 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. can use third-party payment services to process payments. The specific payment method (s) available for the respective goods is / are displayed to the customer in the respective offer of the seller or in the context of the order processing. Further information on and the terms of use of Etsy Payments can be found here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
4.5 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given 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 shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the goods delivered 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 statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) 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 by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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B. Information on data protection
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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. In the following we will 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 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is MyBaliNest, Schneeberger Straße 20, 08324 Bockau, Germany, E-Mail: info@mybalinest.com. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
2) contact
When you contact us (e.g. via the contact form or email), personal data is collected, which you can see from the contact form. These data are stored and used exclusively for the purpose of answering your request or for establishing contact 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 concluding a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after your request has been processed; this is the case if it can be inferred from the circumstances that the matter in question 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 part of the contract processing, insofar as this is necessary for the delivery of the goods. We will 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 explicitly inform you about this below. The legal basis for forwarding the data is Article 6 (1) (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 payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed by 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 the data protection declaration of Etsy: 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) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will 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 processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed 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, the existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and the intended effects of such processing, as well as your right to be informed about the guarantees in accordance with Art. 46 GDPR when your data is forwarded in Third 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 that the processing of your personal data be restricted as long as the accuracy of your data is checked, if you refuse to delete your data due to inadmissible 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 objected to reasons of your particular situation, as long as it is not yet certain whether ours legitimate reasons prevail;
- Right to information according to Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to correct or delete the data to all recipients to whom the personal data relating to you has been disclosed or 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 that it be transferred to another person responsible, insofar as this is technically feasible ;
- Right to revoke consent given in accordance with Article 7 (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 your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of withdrawal;
- Right to lodge a complaint in accordance with Art. 77 GDPR: If you are of the opinion that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR MAINLY LEGITIMATE INTEREST, YOU HAVE THE EVERY TIME TO PROCESS YOUR PERSONAL DATA, FOR REASONS WHICH WE APPLY TO YOUR SPECIFIC SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED. FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPULSORY REASONS FOR THE PROCESSING THAT OUTSIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING OR EXPRESSION OF THE EXPRESSION APPLIES.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY OBJECTIVE AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - additionally based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data is stored until the person concerned revokes his or her consent.
If there are statutory retention periods for data that are processed in the context of legal or similar obligations on the basis of Art. 6 Paragraph 1 lit. and / or we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 Paragraph 1 lit. prove for the processing that the interests, rights and freedoms of the data subject outweigh, 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 Paragraph 1 lit.f GDPR, this data is stored until the person concerned exercises his right of objection under Art. 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will otherwise 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 further data processing that goes beyond the data processing described above. Further information on data protection from Etsy can be found in the data protection information from Etsy: https://www.etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Right of withdrawal
You have the right to withdraw from 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 inform us (MyBaliNest, Schneeberger Straße 20, 08324 Bockau, Germany, E-Mail: info@mybalinest.com) by means of a clear declaration (e.g. . a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid 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 will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case 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 evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than twenty-one days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the twenty-one day period 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 to check the nature, properties and functionality of the goods.
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D. Withdrawal Form
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If you want to cancel the contract, please fill out this form and send it back.
At
My.Bali.Nest
Schneeberger Strasse 20
08324 Bockau
Germany
Email: info@mybalinest.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer (s)
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Address of the consumer (s)
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Signature of the consumer (s) (only if this is notified on paper)
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date
(*) Delete where inapplicable
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Copyright notice: These terms and conditions were created by the specialist lawyers at the IT law firm under DOCID: ## ITK-888cda3129ebc35cb439d9199a166bff ## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 202104290942
