General Terms and Conditions & Privacy Information & Right of Withdrawal & Withdrawal Form
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Table of Contents
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A. General Terms and Conditions
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1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Retention of Title
8. Liability for Defects
9. Applicable Law
10. Alternative Dispute Resolution
B. Privacy Information
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1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting Us
3. Data Processing for Order Fulfillment
4. Rights of the Data Subject
5. Duration of Personal Data Storage
6. Reference to Etsy’s Privacy Policy
C. Right of Withdrawal
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1. Introduction
2. Right of Withdrawal
3. Consequences of Withdrawal
4. Exclusion or Premature Expiry of the Right of Withdrawal
D. Withdrawal Form
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A. General Terms and Conditions
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1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Martin Ballschmieter, trading under “Martin Ballschmieter” (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 via the online marketplace Etsy (hereinafter referred to as “Etsy”). The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These GTC also apply to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these GTC refers to data created and provided in digital form.
1.3 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.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally competent partnership that, 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 submits a binding offer to sell this item.
2.2 The Customer can 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 the virtual shopping cart on Etsy and then complete the ordering process provided by Etsy. By clicking the button that concludes the ordering process, the Customer accepts the Seller’s offer, resulting in a purchase contract for the item previously selected by the Customer.
2.3 The Seller saves the contract text and sends it to the Customer after the conclusion of the contract, including the present GTC and customer information, in text form (e.g., email, fax, or letter). Further access to the contract text by the Seller is not provided.
2.4 Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means to better identify input errors can be the zoom function of the browser, which enlarges the screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they submit the binding order.
2.5 The language available for the conclusion of the contract is German.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 The prices indicated 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 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery does not take place to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment methods available to the Customer are indicated in the Seller’s offer on Etsy.
4.4 When paying via a payment method offered by the payment service “Etsy Payments,” payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as “Etsy UC”) or, if payment is made in U.S. dollars or Canadian dollars, via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, USA (hereinafter referred to as “Etsy Inc.”). Etsy UC or Etsy Inc. enables the Customer to use various payment methods as part of payment processing through Etsy Payments. Etsy UC or Etsy Inc. may use the services of third-party payment providers for the processing of payments. The specific payment method(s) available for the respective goods are displayed to the Customer in the Seller’s offer or during the ordering process. Further information on Etsy Payments and the terms of use can be found here: etsy.com/legal/etsy-payments.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out via shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Etsy order process is decisive for the transaction.
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 delivery if the Customer exercises their right of withdrawal effectively. For the costs of returning the goods, the provisions set forth in the Seller’s withdrawal policy shall apply.
5.3 The Seller reserves the right to withdraw from the contract in cases of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and has exercised due care in concluding a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payments made will be refunded without delay.
5.4 Digital content is provided to the Customer as follows:
• Via direct access on the Seller’s website.
• By download.
• By email.
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the description of the content on Etsy, the Seller grants the Customer the non-exclusive, unlimited right to use the provided content for private and commercial purposes.
6.2 Sharing the content with third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller agrees to the transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the owed fee in full. The Seller may allow the use of the contractual content before this point. However, such provisional permission does not constitute a transfer of rights.
7) Retention of Title
If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until the purchase price has been paid in full.
8) Liability for Defects
Unless otherwise stated in the following provisions, the statutory liability for defects applies.
8.1 If the Customer acts as an entrepreneur:
• The Seller has the choice of the type of supplementary performance.
• The limitation period for defect claims for newly manufactured goods is one year from delivery of the goods.
• Claims and rights for defects in used goods are excluded.
• The limitation period does not restart if a replacement delivery occurs within the scope of defect liability.
8.2 The above-mentioned limitations of liability and reduction of limitation periods do not apply:
• To claims for damages and reimbursement of expenses by the Customer.
• If the Seller has fraudulently concealed a defect.
• For goods that have been used in accordance with their customary use for a building and have caused its defectiveness.
• To any existing obligation of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.
8.4 If the Customer acts as a merchant under Section 1 HGB, they are subject to the commercial obligation to inspect and notify defects under Section 377 HGB. If the Customer fails to comply with the obligation to notify defects, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, they are requested to report obvious transport damage to the deliverer and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual defect claims.
9) Applicable Law
The legal relations between the parties are subject to the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection provided is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
B. Privacy Information
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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 presence (hereinafter referred to as “Website”) and thank you for your interest. In the following, we inform you about how we handle your personal data when you use our website. Personal data refers to all data with which you can be personally identified.
1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is:
Martin Ballschmieter, Färberstr 19a, 47929 Grefrath, Germany.
Email: martin.ballschmieter@gmx.de
The controller for the processing of 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
If you contact us (e.g., via contact form or email), the personal data you provide will be processed exclusively to handle your request and for the associated technical administration. The legal basis for processing the data is our legitimate interest in handling your request under Art. 6(1)(f) GDPR. If your contact aims to conclude a contract, the additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted after your request has been fully processed, provided there are no statutory retention obligations to the contrary.
3) Data Processing for Order Fulfillment
3.1 Transmission of Image Files for Order Fulfillment via Email
We offer customers the opportunity to personalize products by submitting image files via email. The submitted image file is used as a template for personalizing the selected product.
Customers can send one or more image files stored on their device to the email address provided on our website. These files are collected, stored, and used exclusively to create the personalized product described in the respective product listing. If the image files need to be shared with specific service providers for order fulfillment, this will be explicitly mentioned in the subsequent paragraphs. Beyond that, no further disclosure occurs.
If the submitted image files or digital motifs contain personal data (especially images of identifiable persons), all processing operations described above are carried out solely for the purpose of fulfilling your online order under Art. 6(1)(b) GDPR.
The submitted image files will be automatically and completely deleted after the order is fully processed.
3.2 Transmission of Image Files via Etsy’s Messaging Feature
If customers have the option to personalize products by sending image files through Etsy’s messaging feature, the submitted image file will also be used as a template for personalization.
Customers can upload one or more image files stored on their device via the messaging feature. These files are collected, stored, and used exclusively to create the personalized product as described in the service listing.
If the image files need to be shared with specific service providers for order fulfillment, this will be explicitly mentioned in the following paragraphs. Beyond that, no further disclosure occurs.
If the submitted image files or digital motifs contain personal data (especially images of identifiable persons), all processing operations described above are carried out solely for the purpose of fulfilling your online order under Art. 6(1)(b) GDPR.
The submitted image files will be automatically and completely deleted after the order is fully processed.
3.3 Third-Party Involvement in Order Fulfillment
To fulfill your order, the personal data collected will be transferred to the shipping company commissioned to deliver the goods, to the extent necessary for delivery. Payment data will be transferred to the commissioned credit institution within the framework of payment processing. If payment service providers are used, you will be explicitly informed.
3.4 Order Processing via Billbee
Order processing is carried out by the service provider “Billbee” (Billbee GmbH, Arolser Str. 10, 34477 Twistetal, Germany). The personal data collected will only be shared with Billbee if this is necessary for processing your order (Art. 6(1)(b) GDPR). The privacy policy of Billbee can be found at: billbee.io/datenschutz.
3.5 Payment Processing via Etsy Payments
For payment processing through Etsy Payments, refer to Etsy’s terms of use for further details: etsy.com/legal/etsy-payments.
4) Rights of the Data Subject
4.1 Right to Information
You have the right to obtain confirmation as to whether personal data concerning you is being processed. If this is the case, you are entitled to access the following information:
• The purposes of the data processing.
• The categories of personal data processed.
• The recipients or categories of recipients to whom the personal data has been disclosed.
• The intended duration of the storage of the data.
4.2 Right to Rectification
You have the right to request the correction of incorrect data and the completion of incomplete data concerning you.
4.3 Right to Deletion
You have the right to request the deletion of your personal data under the conditions outlined in Art. 17 GDPR.
4.4 Right to Restriction of Processing
You may request the restriction of processing under certain conditions, such as disputing the accuracy of your data.
4.5 Right to Data Portability
You have the right to receive your personal data in a structured, commonly used, and machine-readable format.
4.6 Right to Object
You have the right to object to the processing of your data under certain conditions.
4.7 Right to Withdraw Consent
You may withdraw your consent to data processing at any time.
4.8 Right to Lodge a Complaint
If you believe that the processing of your data violates GDPR, you can file a complaint with a supervisory authority.
5) Duration of Personal Data Storage
The duration of the storage of personal data is determined based on the respective legal basis, the purpose of processing, and—if relevant—additional statutory retention periods (e.g., commercial and tax law retention periods).
• Data based on consent (Art. 6(1)(a) GDPR): Personal data is stored until you withdraw your consent.
• Contractual obligations (Art. 6(1)(b) GDPR): Data is stored as long as required for the fulfillment of the contract or as stipulated by statutory retention obligations.
• Legitimate interests (Art. 6(1)(f) GDPR): Data is stored until you exercise your right to object unless compelling legitimate grounds exist for further processing.
Unless otherwise stated in specific processing situations described in this privacy policy, stored personal data is deleted when it is no longer needed for its original purpose.
6) Reference to Etsy’s Privacy Policy
For any additional data processing beyond what is described here, Etsy is responsible. For further details, please consult Etsy’s privacy policy at: etsy.com/legal/privacy.
C. Right of Withdrawal
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Introduction
Consumers have the right to withdraw from this contract within fourteen days without providing a reason.
Right of Withdrawal
The withdrawal period is:
• For goods: 14 days from the day you, or a third party other than the carrier, take possession of the goods.
• For digital content not delivered on a physical medium: 14 days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (Martin Ballschmieter, Färberstr 19a, 47929 Grefrath, Germany, Email: martin.ballschmieter@gmx.de) of your decision to withdraw from this contract through an unequivocal declaration (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 regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding additional costs arising if you chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day we receive notification of your withdrawal.
We will make the reimbursement using the same payment method you used for the original transaction unless expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
For contracts involving 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 earlier.
• You are responsible for the direct costs of returning the goods.
• You must send back or hand over the goods without undue delay and no later than 21 days from the day you notify us of your withdrawal.
Exclusions or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply or expires prematurely in the case of:
• Contracts for the delivery of sealed goods that are unsuitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
• Contracts for the delivery of digital content not on a tangible medium if the performance has begun with your prior express consent and acknowledgment that you lose your right of withdrawal.
D. Withdrawal Form
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If you wish to withdraw from the contract, please complete and return this form:
To:
Martin Ballschmieter
Färberstr 19a
47929 Grefrath
Germany
Email: martin.ballschmieter@gmx.de
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods/services:
Ordered on () / Received on () __________________
Name of the consumer(s): ________________________________________
Address of the consumer(s): _____________________________________
Signature of the consumer(s) (only for notifications on paper): _______________________
Date: _____________________
(*) Delete as applicable.
