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Terms and Conditions,
Privacy Information,
Cancellation Policy & Cancellation Form

Table of Contents

A. Terms and Conditions
1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Granting Rights of Use for Digital Content
7. Retention of Title
8. Liability for Defects
9. Special Conditions for Processing Goods According to Customer Specifications
10. Applicable Law
11. Alternative Dispute Resolution

B. Privacy Information
1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting Us
3. Data Processing for Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to Etsy’s Privacy Policy

C. Cancellation Policy
1. Introduction
2. Right of Withdrawal
3. Consequences of Withdrawal
4. Exclusion or Premature Expiration of the Right of Withdrawal

D. Cancellation Form


A. Terms and Conditions

1) Scope of Application
1.1 These Terms and Conditions (“T&Cs”) of Digitalmanufaktur by Mirco Engelhardt, Proprietor: Mirco Engelhardt, operating under “Digitalmanufaktur by Mirco Engelhardt, Proprietor: Mirco Engelhardt” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller in relation to the goods presented by the Seller on the online marketplace Etsy (hereinafter referred to as “Etsy”). The inclusion of the Customer’s own terms is hereby objected to unless otherwise agreed.
1.2 For contracts concerning the provision of digital content, these T&Cs shall apply accordingly unless otherwise specifically stipulated. Digital content as defined in these T&Cs refers to data created and provided in digital form.
1.3 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 An entrepreneur within the meaning of these T&Cs is any natural or legal person or a legally capable partnership acting in the exercise of their trade, business, or profession when concluding a legal transaction.

2) Conclusion of the Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer to sell that item.
2.2 The Customer may accept the Seller’s offer via the online order form provided by Etsy. To do so, the Customer must first add the desired item to the virtual shopping cart on Etsy and then proceed through the order steps provided by Etsy. By clicking the button that completes the order process, the Customer declares acceptance of the offer, thereby concluding a purchase agreement for the item previously selected by the Customer.
2.3 The Seller will store the contract text and send it to the Customer after the conclusion of the contract, along with these T&Cs and customer information, in text form (e.g., email, fax, or letter). The Seller does not provide any additional access to the contract text.
2.4 Before submitting a binding order, the Customer can identify potential input errors by carefully reviewing the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions prior to submitting the binding order.
2.5 The German language is available for the conclusion of the contract.

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 cancellation policy.

4) Prices and Payment Terms
4.1 The prices stated by the Seller are total prices and include statutory value-added tax (VAT). Any additional delivery and shipping costs will be separately indicated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise concerning money transfers if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment methods will be communicated to the Customer in the Seller’s Etsy listing.
4.4 If the “PayPal” payment method is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal’s terms of use, available at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the Customer has or opens a PayPal account.

5) Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the order processing on Etsy shall be decisive.
5.2 If the delivery of the goods 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 concerning the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions in the Seller’s cancellation policy shall apply in the event of an effective withdrawal.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the Seller’s fault and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately, and any payment made will be refunded without delay.
5.4 Digital content will be provided to the Customer as follows:
- via download
- via email

6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description on Etsy, the Seller grants the Customer the non-exclusive, unlimited right to use the provided content 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 T&Cs is not permitted unless the Seller has agreed to the transfer of the license to the third party.
6.3 If the contract involves the one-time provision of digital content, the granting of rights becomes effective only upon full payment of the owed remuneration by the Customer. The Seller may preliminarily allow the Customer to use the content before this time. However, such preliminary permission does not result in a transfer of rights.

7) Retention of Title
If the Seller provides advance delivery, they retain ownership of the delivered goods until full payment of the owed purchase price has been made.

8) Liability for Defects
Unless otherwise stated in the provisions below, the statutory provisions on liability for defects shall apply. The following deviations apply to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur:
- The Seller has the right to choose the type of subsequent performance.
- For new goods, the limitation period for defects is one year from delivery of the goods.
- For used goods, claims and rights related to defects are excluded.
- The limitation period does not start anew if a replacement delivery is made under liability for defects.
8.2 The aforementioned limitations of liability and shortened periods do not apply:
- To claims for damages and reimbursement of expenses by the Customer.
- If the Seller has fraudulently concealed the defect.
- To goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness.
- To any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.3 For entrepreneurs, statutory limitation periods for any statutory right of recourse remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial obligation to examine and notify defects in accordance with Section 377 HGB. If the Customer fails to comply with the obligations to report defects stipulated therein, the goods are deemed approved.
8.5 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. Failure to comply does not affect the Customer’s statutory or contractual rights for defects.

9) Special Conditions for Processing Goods According to Customer Specifications
9.1 If, in addition to delivering the goods, the Seller is also required to process the goods according to specific Customer requirements under the contract, the Customer must provide all content required for such processing, such as texts, images, or graphics, in the formats, configurations, image sizes, and file sizes specified by the Seller. The Customer must ensure the necessary rights to use these contents. The Customer is solely responsible for procuring and acquiring the rights to these contents. The Customer guarantees and assures that they are authorized to use the content provided to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, including copyright, trademark, and personal rights.
9.2 The Customer indemnifies the Seller from claims by third parties that may arise in connection with the Seller’s use of the content provided by the Customer under the contract. The Customer shall also bear the reasonable costs of necessary legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the legal infringement. The Customer is obliged to promptly, truthfully, and fully provide the Seller with all information necessary for examining claims and defense in the event of a claim by a third party.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or official prohibitions or good morals. This applies particularly to the submission of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, or violence-glorifying content.

10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the laws of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


B. Privacy Information

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 shop (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 refers to all data that can be used to identify you personally.
1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Digitalmanufaktur by Mirco Engelhardt, Proprietor: Mirco Engelhardt, Eckhardtstr. 30, 64289 Darmstadt, Germany, email: aestheticsrefined@icloud.com, phone: +49 15679 087680. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data.

2) Contacting Us
If you contact us (e.g., via contact form or email), we collect the personal data you provide to process your request. This data is stored and used exclusively to respond to your inquiry and for any technical administration associated with it. The legal basis for data processing is our legitimate interest in processing your request in accordance with Art. 6(1)(f) GDPR. If your contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted once your request has been fully processed, provided no statutory retention requirements apply. We consider your inquiry to be completed if the circumstances indicate that the matter has been resolved.

3) Data Processing for Order Handling
3.1 To the extent necessary for the execution of the contract, your personal data will be shared with the shipping company responsible for delivery or the payment service provider handling your transaction in accordance with Art. 6(1)(b) GDPR.
If we are required to provide updates for digital products or goods with digital elements under an existing contract, we will process your contact details (name, address, email) provided at the time of order to inform you of necessary updates within the legally prescribed period. Your data will be processed solely for this purpose and only to the extent required for communication about updates.
3.2 If you pay by credit card via PayPal or by direct debit via PayPal, we will forward your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). This data transfer is carried out pursuant to Art. 6(1)(b) GDPR and only to the extent necessary for payment processing.

4) Rights of the Data Subject
4.1 Under applicable data protection law, you have the following rights regarding the processing of your personal data:
- Right of Access (Art. 15 GDPR): You have the right to request information about your personal data processed by us, including processing purposes, categories of processed data, recipients, and the planned retention period.
- Right to Rectification (Art. 16 GDPR): You have the right to request immediate correction of inaccurate personal data and/or completion of incomplete personal data stored by us.
- Right to Erasure (Art. 17 GDPR): You have the right to request the deletion of your personal data under the conditions set out in Art. 17(1) GDPR, unless further processing is required for specific purposes such as legal obligations or the establishment, exercise, or defense of legal claims.
- Right to Restriction of Processing (Art. 18 GDPR): You may request the restriction of processing of your data if certain conditions are met, such as disputing its accuracy.
- Right to Data Portability (Art. 20 GDPR): You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit this data to another controller.
- Right to Withdraw Consent (Art. 7(3) GDPR): You can withdraw your consent at any time with effect for the future.
- Right to Lodge a Complaint (Art. 77 GDPR): You have the right to file a complaint with a supervisory authority if you believe that the processing of your data violates GDPR.

4.2 Right to Object
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTERESTS IN ACCORDANCE WITH ART. 6(1)(F) GDPR, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS RELATED TO YOUR PARTICULAR SITUATION.
IF YOU OBJECT, WE WILL STOP PROCESSING YOUR PERSONAL DATA UNLESS COMPELLING LEGITIMATE REASONS FOR PROCESSING OUTWEIGH YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR IF PROCESSING SERVES TO ESTABLISH, EXERCISE, OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING AT ANY TIME. IF YOU OBJECT, WE WILL STOP PROCESSING YOUR DATA FOR DIRECT MARKETING PURPOSES.

5) Duration of Storage of Personal Data
The duration of data storage is based on the respective legal basis, processing purpose, and—if applicable—statutory retention periods (e.g., commercial and tax retention periods).
Once the purpose for storing the data no longer applies, the data will be routinely deleted unless its further processing is required for other legally permissible purposes.

6) Reference to Etsy’s Privacy Policy
For all other data processing operations beyond those described above, the platform Etsy is responsible. Further information about Etsy’s privacy practices can be found in Etsy’s Privacy Policy: etsy.com/legal/privacy.


C. Cancellation Policy

Introduction
Consumers are entitled to a right of withdrawal under the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts concerning the delivery of goods, the withdrawal period is fourteen days from the day you, or a third party other than the carrier and indicated by you, acquires physical possession of the last good.
For contracts concerning the delivery of digital content not supplied on a tangible medium, the withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (Digitalmanufaktur by Mirco Engelhardt, Proprietor: Mirco Engelhardt, Eckhardtstr. 30, 64289 Darmstadt, Germany, email: aestheticsrefined@icloud.com, phone: +49 15679 087680) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.
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.

Consequences of Withdrawal
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 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 no later than fourteen 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.
For contracts concerning the delivery of goods, 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 send back the goods or hand them over to us without undue delay and in any event no later than fourteen 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 fourteen days has expired.
You will 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 Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and whose manufacture is based on an individual choice or decision by the consumer or that are clearly tailored to the consumer’s personal needs.
The right of withdrawal expires prematurely for contracts concerning the supply of digital content not supplied on a tangible medium if we have begun performance of the contract after you have expressly consented to the commencement of performance before the end of the withdrawal period, acknowledged the loss of your right of withdrawal upon the commencement of performance, and we have provided confirmation of the contract including these terms on a durable medium.


D. Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to us.

To:
Digitalmanufaktur by Mirco Engelhardt
Proprietor: Mirco Engelhardt
Eckhardtstr. 30
64289 Darmstadt
Germany
Email: aestheticsrefined@icloud.com
I/We () hereby withdraw from the contract concluded by me/us () concerning 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 if this form is notified on paper):
_________________________
Date:
(*) Delete as appropriate.