Terms and Conditions & Cancellation Policy
General Terms and Conditions
between
HerzensmanufakturDE
- hereinafter referred to as "Provider" -
and
the customer specified in Section 2 of the contract
- hereinafter referred to as "Customer" -
these terms and conditions are concluded.
Section 1 Scope, Definitions
(1) The Provider offers goods via the Etsy e-commerce platform. The Provider publishes content in a "Shop" on an Etsy subpage (URL: https://www.herzensmanufakturde.etsy.com) and its respective subpages, the "Product Pages".
(2) The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the Provider and the Customer. Any conflicting 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 insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or independent professional activity.
Section 2 Conclusion of Contract
(1) The presentation of goods in the shop does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) A customer is anyone who submits an offer to purchase goods from the seller. The customer can select products from the seller's assortment and add them to a virtual shopping cart by clicking the "Add to Cart" button. By clicking the "Pay with PayPal/Apple Pay" or "Place Order" button, the customer submits a binding offer to purchase the goods in the shopping cart. By submitting the offer, the customer accepts these terms and conditions and thereby incorporates them into their offer.
(3) Etsy handles parts of the electronic communication with the customer independently and may, for example, send the customer an automatic order confirmation by email, which lists the customer's order again. The automatic order confirmation merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. The contract is accepted by the supplier through a separate declaration of acceptance, e.g., by the supplier's shipping notification, or at the latest upon receipt of the goods.
(4) The contract language is German.
Section 3 Delivery and Shipping
(1) Shipping costs, processing time, and delivery time can be found on the product pages.
(2) Whether the goods are in stock or made to order (custom-made) can be found in the product description.
(3) The processing time is the time the shop needs to prepare an order for shipment, or the period between placing your order and the time the shop ships your order. In the case of custom-made or made-to-order items, this includes the time required to manufacture the custom-made product. The time of placing your order is the time of our order confirmation, provided that the purchase price has been paid in advance.
The time of placing your order is the time of our order confirmation. (4) The shipping time is the period between dispatch and arrival of the product at the recipient's address. We ship items immediately after the sale. This means that we will ship the item no later than 30 days after the purchase date, unless a different processing time has been specified by us or we have made a different agreement with you via the Etsy messaging system. Before we update the processing time for an ongoing order, we must first obtain the consent of the customer concerned.
(4) The following delivery restrictions apply: The seller only ships to customers whose billing and shipping addresses are located in one of the countries available in the item's shipping settings.
(5) The seller ships to the address that appears on the Etsy receipt for the purchase. Etsy populates this receipt with the information from the customer's order. If the customer is responsible for an incorrect delivery address on the Etsy receipt or if the delivery address needs to be changed subsequently, the customer will bear any additional costs incurred. For these purposes, the delivery address also includes the recipient's personal or business name.
(6) Any customs duties incurred are to be borne by the customer.
(7) After dispatch, the seller marks the order as shipped in their Etsy shop manager, unless a shipping label purchased on Etsy was used, in which case this process is triggered automatically. The customer then receives a shipping confirmation from Etsy.
Section 4 Retention of Title
Given to the seller
If payment of the purchase price to the seller's Etsy account is not received before delivery of the goods, ownership of the goods remains with the seller until full payment of the purchase price.
Section 5 Value Added Tax (VAT)
The VAT displayed on the product pages in the customer's country is calculated and shown by Etsy.
Section 6 Payment Terms
(1) The payment methods are provided by Etsy, therefore the seller is not liable for any transaction risks.
(2) Payment of the purchase price is due no later than upon receipt of the order confirmation.
Section 7 Warranty Rights & Guarantees
(1) Unless expressly agreed otherwise below, the statutory warranty rights apply.
(2) For contracts with businesses, the following applies: Claims for defects expire one year after delivery of the goods.
(3) For sales of used goods to consumers, the following applies: If the defect appears after one year from delivery of the goods, warranty claims are excluded. Defects that appear within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
(4) When selling used goods to businesses, the following applies: All liability for material defects is excluded.
(5) The aforementioned limitations and reductions of the limitation period for businesses and consumers do not apply to claims based on damages caused by the supplier, its legal representatives, or vicarious agents:
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty or fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations),
- within the scope of a guarantee promise, insofar as agreed with the supplier, or
- insofar as the scope of application of the Product Liability Act is applicable.
(6) The supplier does not provide any guarantees beyond the statutory warranty. If the manufacturer provides a manufacturer's warranty, you will find its exact terms and conditions on the respective product page or in the product information in the shop. The seller is not liable for the accuracy of the manufacturer's warranty information. The manufacturer is solely responsible for any claims arising from a manufacturer's warranty.
(7) A product marked "Recycled" is generally not considered used unless the product description states otherwise.
Section 8 Liability
(1) We are always liable without limitation for claims arising from damages caused by us, our legal representatives, or agents:
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of a warranty promise, insofar as the seller has agreed to it, or
- insofar as the scope of application of the Product Liability Act is applicable.
(2) In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. Otherwise, claims for damages are excluded.
Section 9 Special Provisions for the Purchase of Digital Products
(1) Digital products are provided by Etsy.
(2) The seller is the creator of the digital product.
(3) The seller grants Etsy the right to grant the customer limited, perpetual usage rights.
(4) The customer is not entitled to grant third parties usage rights to the digital product. This applies in particular to the resale of the product, even in slightly modified form. The customer may not register any intellectual property rights to the product.
(6) The seller's product description may contain provisions that deviate from these terms.
Section 10 Special Provisions for Purchases via Etsy Patterns
When customers purchase an item on the seller's Pattern website, they are redirected to a checkout page on Etsy's website to complete their payment. Customers can complete their transaction by logging into their Etsy account, registering for a new Etsy account, or paying via guest checkout without an Etsy account.
Section 11 Final Provisions
(1) Contracts between the seller and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and mandatory applicability do not apply.
(1) The provisions of the EU, in particular those of the state in which the customer has their habitual residence as a consumer, 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 is the provider's registered office.
(3) The EU Commission has established an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. We are willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board to settle disputes with consumers. The competent consumer arbitration board is: Universal Arbitration Board of the Federal Government, Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. To settle the aforementioned disputes, we will participate in dispute resolution proceedings before this body.
(4) The contract remains binding in its remaining parts even if individual clauses are legally invalid. Where applicable, statutory provisions shall replace the invalid clauses. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
Cancellation Policy
(1) Consumers generally have a statutory right of cancellation when concluding a distance contract, about which the provider informs them below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraphs (2), (4), (5), and (6). Paragraph (3) contains a
Cancellation form:
a. Cancellation Policy Right of Cancellation
You have the right to cancel 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 goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, a WhatsApp message, or an email). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
b. Consequences of withdrawal
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. We will carry out such 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 such reimbursement.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than our standard delivery), 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. We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. This does not apply if the goods are of such a nature that they cannot be returned by post and were delivered to your home by us at the time of conclusion of the contract. 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.
(2) The right of withdrawal does not apply if the customer has the item customized. Articles are considered personalized if, according to § 312g II No. 1 of the German Civil Code (BGB), the goods are not prefabricated and their production is based on an individual selection or specification by the consumer, or if they are clearly tailored to the consumer's personal needs. This applies in particular to articles for which a declaration has been made to the supplier, either at the time of ordering or subsequently, specifying a particular person.
(3) The seller may request personalization of the item (e.g., lettering, engravings, etc.) and these personalization requests significantly impair the chances of resale to other persons after production.
The seller provides information about the model withdrawal form as follows, in accordance with legal regulations:
Withdrawal form:
(If you wish to withdraw from the contract, you can fill out this form and send it to us.)
I/We (*) hereby withdraw from 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 consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only for notification on paper)
Date
(*) Delete as appropriate
(4) Insofar as the contract concerns the provision of digital content not supplied on a tangible medium, the following applies: The withdrawal period begins upon conclusion of the contract. The digital product will only be delivered to the customer after the withdrawal period has expired. If the customer wishes to receive the digital product before the withdrawal period expires, they must expressly declare that they wish to receive the digital product before the withdrawal period expires, waive their right of withdrawal, and acknowledge that this declaration will extinguish their right of withdrawal. In the case of a contract that does not oblige the consumer to pay a price, the right of withdrawal expires when the trader has begun performance of the contract.
(5) Insofar as the goods are a digital product developed according to the customer's specifications within the meaning of Section 327 IV of the German Civil Code (BGB), paragraph IV of this cancellation policy applies accordingly, with the proviso that the provider will only begin developing the product after the withdrawal period has expired. If the customer wishes to begin developing the digital product before the end of the withdrawal period, they must expressly declare that they wish to begin developing the digital product before the end of the withdrawal period, waive their right of withdrawal, and acknowledge that this declaration will extinguish their right of withdrawal.
(6) Businesses are not entitled to a right of withdrawal.
This listing
