Banana Leaves, Watercolor Minimalist Painting, Botanical Print, Scandi Wall Art, Modern Coastal Artwork

General Terms and Conditions
1. Scope of Application
1.1
These General Terms and Conditions (hereinafter “GTC”) of Ewelina Patrzalek, trading as “Watercolor Botanicals” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods displayed by the Seller on the online marketplace Etsy (hereinafter “Etsy”). The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
1.3
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1
By listing an item on Etsy, the Seller submits a binding offer to sell that item.
2.2
The Customer may accept the Seller’s offer via the online ordering system provided by Etsy. To do so, the Customer must first place the desired item in Etsy’s virtual shopping cart and then complete the ordering process specified by Etsy. By clicking the button that completes the ordering process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the goods previously selected.
2.3
The contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) together with these GTC and customer information after conclusion of the contract. The Seller does not make the contract text available beyond this.
2.4
Before submitting a binding order, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of detecting input errors may be the browser’s zoom function, which enlarges the display. The Customer can correct entries during the electronic ordering process using standard keyboard and mouse functions before submitting the order.
2.5
The German language is available for concluding the contract.
2.6
The following additional language is also available for concluding the contract:
• English
3. Right of Withdrawal
3.1
Consumers generally have a statutory right of withdrawal.
3.2
Further details regarding the right of withdrawal can be found in the Seller’s withdrawal policy.
4. Prices and Payment Terms
4.1
All prices stated by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2
The available payment method(s) are communicated to the Customer in the Seller’s Etsy listing.
4.3
If payment is made using a payment method offered through the “Etsy Payments” service, payment processing is handled by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (“Etsy UC”), or, for payments in U.S. dollars or Canadian dollars, by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, USA (“Etsy Inc.”). Etsy UC and Etsy Inc. enable customers to use various payment methods through Etsy Payments. Etsy UC and Etsy Inc. may use third-party payment service providers to process payments. The specific payment methods available for a particular item are displayed in the Seller’s listing and during checkout. Further information and the Etsy Payments Terms of Use are available at: https://www.etsy.com/legal/etsy-payments
5. Delivery and Shipping Conditions
5.1
Goods are delivered to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified during Etsy checkout is decisive for the transaction.
5.2
If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of initial shipment if the Customer effectively exercises the right of withdrawal. Return shipping costs in the event of a valid withdrawal are governed by the Seller’s withdrawal policy.
6. Retention of Title
If the Seller performs in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been received.
7. Liability for Defects (Warranty)
Unless otherwise stated below, the statutory provisions governing liability for defects apply.
For contracts involving the delivery of goods:
7.1
If the Customer acts as an entrepreneur:
• The Seller may choose the method of subsequent performance.
• The limitation period for defect claims regarding new goods is one year from delivery.
• Defect claims regarding used goods are excluded.
• The limitation period does not restart if a replacement delivery is made under warranty.
7.2
The above limitations and reductions do not apply:
• To claims for damages or reimbursement of expenses;
• If the Seller has fraudulently concealed a defect;
• To goods used for a building in accordance with their customary purpose where the defect caused the building’s defectiveness;
• To any obligation to provide updates for digital products or goods with digital elements.
7.3
For entrepreneurs, statutory limitation periods for any legal right of recourse remain unaffected.
7.4
If the Customer acts as a consumer, they are requested to report obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so shall not affect statutory or contractual warranty rights.
8. Applicable Law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that mandatory provisions of the law of the country in which the consumer has their habitual residence are not deprived of protection.
9. Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Right of Withdrawal Policy
Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
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 item of goods.
To exercise your right of withdrawal, you must inform us:
Ewelina Patrzalek
Watercolor Botanicals
Wiener Straße 114, Objekt 1, Top 120
2483 Ebreichsdorf
Austria
Phone: +43 660 5976660
Email: office@eveline-art.com
of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).
You may use the attached model withdrawal form for this purpose, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract.
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 reimbursement.
In contracts for the sale of goods, we may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us without undue delay and in any event no later than twenty-one days from the day on which you inform us of your withdrawal from this contract.
The deadline is met if you send back the goods before the period of twenty-one days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Early Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that:
• are not prefabricated,
• are manufactured based on an individual selection or decision by the consumer, or
• are clearly tailored to the consumer’s personal needs.
________________________________________
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Ewelina Patrzalek
Watercolor Botanicals
Wiener Straße 114, Objekt 1, Top 120
2483 Ebreichsdorf
Austria
Email: office@eveline-art.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*):
________________________________________
________________________________________
Ordered on (*) ___________________
Received on (*) ___________________
Name of consumer(s):
________________________________________
Address of consumer(s):
________________________________________
Signature of consumer(s) (only if this form is submitted on paper)
________________________________________
Date:
________________________________________
(*) Delete as appropriate.