**Terms and Conditions & Right of Withdrawal**
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General Terms and Conditions & Data Protection Information & Right of Withdrawal & Withdrawal Form
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Table of Contents
A. General Terms and Conditions
1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects
8. Applicable Law
9. Jurisdiction
10. Alternative Dispute Resolution
B. Data Protection Information
1. Information on the collection of personal data and contact details of the responsible party
2. 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
7. Tools and Miscellaneous
C. Right of Withdrawal
1. Introduction
2. Right of Withdrawal
3. Consequences of Withdrawal
D. Withdrawal Form
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**A. General Terms and Conditions**
1) **Scope**
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Le Colline UG (limited liability) (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller on the online trading platform Etsy (hereinafter referred to as "Etsy"). The inclusion of the Customer's own conditions is hereby contradicted, unless something else has been agreed upon.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 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, 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 by using the online order form provided on 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 completes the ordering process, the Customer declares their acceptance of the offer, resulting in a purchase contract for the goods previously selected by the Customer.
2.3 The text of the contract will be stored by the Seller and sent to the Customer after the conclusion of the contract along with these GTC and customer information in text form (e.g., email, fax, or letter). No further accessibility to the contract text will be provided by the Seller.
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 may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries before the binding submission of the order using the usual keyboard and mouse functions within the electronic ordering process.
2.5 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 about the right of withdrawal is provided in the seller's withdrawal instructions.
**4) Prices and Payment Terms**
4.1 The prices stated by the seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying via a payment method offered through the payment service "Etsy Payments," the payment processing is carried out by 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, by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc."). Etsy UC or Etsy Inc. allows the customer to use various payment methods as part of the payment processing via Etsy Payments. For payment processing, Etsy UC or Etsy Inc. may use third-party payment services. The specific payment method(s) available for each item will be displayed to the customer in the respective seller's offer or during the order processing. Further information and the terms of use for Etsy Payments can be accessed here: etsy.com/de/legal/etsy-payments/?ref=list
**5) Delivery and Shipping Conditions**
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address provided in the order processing at Etsy is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply to shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provision made in the seller's withdrawal instructions applies when the customer effectively exercises their right of withdrawal.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has entered into a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded without delay.
**6) Retention of Title**
If the seller provides the goods in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
**7) Liability for Defects**
Unless otherwise provided in the following regulations, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- the limitation period for defects for new goods is one year from the delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.
7.2 The aforementioned liability restrictions and limitation periods do not apply
- to 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 in accordance with their usual purpose for a construction and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and notify according to § 377 HGB. If the customer fails to comply with the notification obligations specified there, the goods are deemed approved.
7.5 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the seller of this. Failure to do so has no impact on their statutory or contractual claims for defects.
**8) Applicable Law**
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
**9) Jurisdiction**
If the customer acts as a merchant, a legal entity under public law, or a special public fund with a registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in these cases, the seller is entitled to call upon the court at the customer's place of business.
**10) Alternative Dispute Resolution**
10.1 The EU Commission provides an online platform for dispute resolution at the following link: 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.
10.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
**B. Information on Data Protection**
1) Information about the collection of personal data and contact details of the controller
1.1 We are pleased that you are visiting our Etsy presence (hereinafter referred to as "Website") and thank you for your interest. Below we 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 controller for the data processing within the meaning of the General Data Protection Regulation (GDPR) is Le Colline UG (limited liability), Tabaksmühlenweg 1, 61440 Oberursel, Germany, Tel.: 01779121234, E-Mail: info@lecollinebio.com. The person responsible for processing personal data is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data.
2) Contacting Us
In the context of contacting us (e.g., via contact form or email), personal data will be collected. You can see which data this involves from the contact form. This data will only be stored and used for the purpose of responding to your request or for contacting you and the related technical administration. The legal basis for processing the data is our legitimate interest in responding to your request according to Art. 6 (1) lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after your request has been conclusively processed if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided there are no statutory retention obligations to the contrary.
3) Data Processing for Order Processing
Insofar as necessary for the contract processing for delivery and payment purposes, the personal data we collect will be forwarded in accordance with Art. 6 (1) lit. b GDPR to the commissioned transport company and the commissioned credit institution.
If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we process the contact data (name, address, email address) you provided during the order in order to inform you personally about upcoming updates within the legally prescribed period according to our statutory information obligations in accordance with Art. 6 (1) lit. c GDPR via appropriate communication channels (e.g., by post or email). Your contact data will be strictly purpose-bound and used for notifications about updates owed by us and processed only to the extent necessary for the respective information.
For the processing of your order, we also cooperate with the following service provider(s) who assist us in whole or in part with the execution of concluded contracts. Certain personal data will be transmitted to these service providers according to the following information.
4) Rights of the Data Subject
4.1 The applicable data protection law grants you comprehensive rights (rights of access and intervention) against the controller regarding the processing of your personal data, which we inform you about below:
- Right of access according to Art. 15 GDPR: You have the right to obtain information about your personal data processed by us, the purposes of processing, the categories of processed personal data, the recipients or categories of recipients to whom your data have been disclosed or will be disclosed, the planned duration of storage or the criteria for determining the storage duration, the existence of a right to rectification, deletion, restriction of processing, objection to processing, lodging a complaint with a supervisory authority, the origin of your data if they were not collected by us from you, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the significance and intended effects of such processing concerning you, as well as your right to be informed about what guarantees exist according to Art. 46 GDPR when your data are transferred to third countries;
- Right to rectification according to Art. 16 GDPR: You have the right to have inaccurate data concerning you rectified without delay and/or to have incomplete data completed;
- Right to deletion according to Art. 17 GDPR: You have the right to request the deletion of your personal data if the conditions of Art. 17 (1) GDPR are met. However, this right does not exist particularly if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest, or for the assertion, exercise, or defense of legal claims;
- Right to restriction of processing according to Art. 18 GDPR: You have the right to request the restriction of processing your personal data as long as the accuracy of your data disputed by you is verified, if you refuse the deletion of your data due to unlawful data processing and instead request the restriction of processing your data, if you need your data for the assertion, exercise, or defense of legal claims, after we no longer need these data for the purposes of processing, or if you have lodged an objection on grounds relating to your particular situation, as long as it is not yet established whether our legitimate grounds override yours;
- Right to notification according to Art. 19 GDPR: If you have asserted the right to rectification, deletion, or restriction of processing against the controller, he is obliged to inform all recipients to whom your personal data have been disclosed of this rectification or deletion 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 according 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 the transmission to another controller, as far as this is technically feasible;
- Right to withdraw granted consents according to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data granted once at any time with effect for the future. In the event of withdrawal, we will immediately delete the affected data unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before the withdrawal;
- Right to complain according to Art. 77 GDPR: If you believe that the processing of your personal data is in violation of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, your workplace, or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS DUE TO OUR PREVAILING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA CONCERNING SUCH MARKETING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE AFFECTED DATA 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, where applicable, additionally by the respective statutory retention period (e.g., commercial and tax law retention periods).
When processing personal data based on explicit consent in accordance with Art. 6 para. 1 lit. a GDPR, the affected data will be stored as long as you do not revoke your consent.
If there are statutory retention periods for data that are processed in the context of contractual or contract-like obligations based on Art. 6 para. 1 lit. b GDPR, these data will be routinely deleted after the retention periods have expired, unless they are no longer necessary for the fulfillment of the contract or contract initiation and/or we have no legitimate interest in continuing to store them.
When processing personal data based on Art. 6 para. 1 lit. f GDPR, this data will be stored as long as you exercise your right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.
When processing personal data for the purpose of direct marketing based on Art. 6 para. 1 lit. f GDPR, this data will be stored as long as you exercise your right to object in accordance with Art. 21 para. 2 GDPR.
Unless otherwise specified in the other information of this declaration regarding specific processing situations, stored personal data will 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**
For all other data processing that goes beyond the data processingdescribed above, the platform Etsy is responsible. Further information on Etsy's data protection can be found in Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
**7) Tools and Others**
- **sevDesk**
For the completion of accounting, we use the service of the cloud-based accounting software from the following provider: sevDesk GmbH, Hauptstraße 115, 77652 Offenburg, Germany.
The provider processes incoming and outgoing invoices as well as, if applicable, the bank transactions of our company to automatically capture invoices, match them to the transactions, and create the financial accounting in a semi-automated process.
If personal data is also processed in this context, the processing takes place in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in efficient organization and documentation of our business processes.
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**C. Right of Withdrawal**
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**Introduction**
Consumers have a right of withdrawal according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity:
**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 designated by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Le Colline UG (limited liability), Tabaksmühlenweg 1, 61440 Oberursel, Germany, Tel.: 01779121234, Email: info@lecollinebio.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
**Consequences of Withdrawal**
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we received the notice of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise; in no case will you be charged any fees for this reimbursement.
In contracts for the delivery 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 is the earlier date.
You must return the goods to us without delay and in any case no later than twenty-one days from the day you inform us of the withdrawal from 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 them in a way that is not necessary for checking the nature, characteristics, and functioning of the goods.
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**D. Withdrawal Form**
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If you wish to withdraw from the contract, please fill out this form and send it back.
To:
Le Colline UG (limited liability)
Tabaksmühlenweg 1
61440 Oberursel
Germany
Email: info@lecollinebio.com
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 the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only if notified on paper)
_________________________
Date
(*) Cross out what does not apply
Please Note: In case of any discrepancies or disputes, the German version shall prevail.