Privacy Policy (Other)
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Terms and Conditions with Customer Information & Privacy Policy & Cancellation Policy & Cancellation Form
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Table of Contents
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A. General Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Granting of Rights of Use for Digital Content
7. Retention of Title
8. Liability for Defects
9. Applicable Law
10. Alternative Dispute Resolution
B. Information on Data Protection
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1. Information on the collection of personal data and contact details of the data controller
2. Contacting us
3. Data processing for order fulfilment
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
C. Cancellation Policy
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1. Introduction
2. Right of cancellation
3. Consequences of cancellation
4. Exclusion or premature expiry of the right of cancellation
D. Cancellation Form
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1) Scope
1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Birgit Salzeder (hereinafter ‘Seller’) apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of 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 excluded, unless otherwise agreed.
1.2 These T&Cs apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these T&Cs refers to data created and provided in digital form.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.4 A business within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.
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 place the desired item in the virtual shopping basket on Etsy and then follow the ordering steps specified by Etsy. By clicking the button that completes the ordering process, the customer confirms acceptance of the offer, thereby concluding a contract of sale for the goods previously selected by the customer.
2.3 The text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by email, fax or letter) after the contract has been concluded, together with these General Terms and Conditions and customer information. The Seller will not make the text of the contract available in any other way.
2.4 Before submitting the order in a binding manner, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer may correct their entries before submitting the order in a binding manner as part of the electronic ordering process using the standard keyboard and mouse functions.
2.5 The contract may only be concluded in German.
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.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Terms of Payment
4.1 The prices quoted by the Seller are all-inclusive and include statutory VAT. Any additional delivery and postage costs will be specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s listing on Etsy.
4.4 Where payment is made using a payment method offered via the “Etsy Payments” payment service, the payment will be processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter “Etsy UC”) or – if payment is made in US dollars or Canadian dollars – via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter “Etsy Inc.”). Etsy UC or Etsy Inc. enables the customer to use various payment methods as part of the payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be displayed to the customer in the seller’s offer or during the order processing. Further information on Etsy Payments and its terms of use is available here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Terms
5.1 Goods are delivered by post to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address provided during the ordering process on Etsy shall be deemed valid. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from its own suppliers. This applies only where the Seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event of the goods being unavailable or only partially available, the Customer shall be informed immediately and the payment shall be refunded without delay.
5.4 Digital content is made available to the Customer as follows:
- via download
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the Seller’s description of the content on Etsy, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the content provided solely for private purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the licence covered by the contract to the third party.
6.3 Insofar as the contract relates to the one-off provision of digital content, the grant of rights shall only take effect once the customer has paid the remuneration due in full. The seller may provisionally permit use of the content covered by the contract even prior to this point in time. Such provisional permission does not constitute a transfer of rights.
7) Retention of title
If the seller supplies the goods in advance, they retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects
8.1 Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
8.2 If the customer is a business,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims arising from defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the liability for defects.
8.3 The limitations of liability and shortened time limits set out above shall not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used in accordance with their normal purpose in a building and have caused its defectiveness, - in respect of any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.
8.4 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse remain unaffected.
8.5 If the customer is acting as a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.
8.6 If the customer is a consumer, they are requested to make a complaint to the delivery agent regarding goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
9) Governing Law
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
10) Alternative dispute resolution
10.1 The European Commission provides an online dispute resolution platform on the internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts to which a consumer is a party.
10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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B. Informationen zum Datenschutz
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1) Information on the collection of personal data and contact details of the data controller
1.1 We are delighted that you are visiting our Etsy shop (hereinafter referred to as the “website”) and thank you for your interest. Below, we provide information on how we handle your personal data when you use our website. Personal data refers to any data that can be used to identify you personally.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is Birgit Salzeder, Hauptstr. 9c, 82387 Antdorf, Germany, Tel.: 088578005888, Email: info@mariitales.com. The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Contacting us
When you contact us (e.g. via the contact form or by email), personal data is collected; you can see what data this is in the contact form. This data is stored and used solely for the purpose of responding to your enquiry or for establishing contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your enquiry in accordance with Article 6(1)(f) of the GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1)(b) of the GDPR. Your data will be deleted once your enquiry has been fully processed; this is the case when it is clear from the circumstances that the matter in question has been conclusively resolved and provided that there are no legal retention obligations to the contrary.
3) Data processing for order fulfilment
3.1 To the extent necessary for the performance of the contract for delivery and payment purposes, the personal data we collect will be disclosed to the contracted transport company and the contracted bank in accordance with Article 6(1)(b) of the GDPR.
Where we are obliged to provide you with updates for goods containing digital elements or for digital products on the basis of a relevant contract, we will process the contact details (name, address, email address) to personally inform you, within the scope of our statutory information obligations pursuant to Article 6(1)(c) of the GDPR, via a suitable communication channel (such as by post or email) about upcoming updates within the period prescribed by law. Your contact details will be used strictly for the specific purpose of communicating updates for which we are responsible and will be processed by us for this purpose only to the extent necessary for the provision of the relevant information.
To process your order, we also work with the service provider(s) listed below, who assist us, either fully or in part, with the fulfilment of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
3.2 To fulfil our contractual obligations to our customers, we work with external delivery partners. We pass on your name and delivery address to a delivery partner selected by us solely for the purpose of delivering the goods, in accordance with Article 6(1)(b) of the GDPR.
3.3 When using the Etsy Payments payment method, payment processing is handled by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, payment processing is carried out by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer of data is carried out in accordance with Article 6(1)(b) of the GDPR and only to the extent necessary for payment processing.
For further information regarding data protection, please refer to Etsy’s privacy policy: etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 Under current data protection law, you have comprehensive rights as a data subject (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we provide information below:
- Right of access under Article 15 of the GDPR: In particular, you have the right to obtain information regarding your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the envisaged storage period or the criteria for determining the the retention period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, and the right to lodge a complaint with a supervisory authority; the source of your data, if it was not collected by us directly from you; the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved, the significance for you and the intended consequences of such processing, as well as your right to be informed of the safeguards provided under Article 46 of the GDPR when your data is transferred to third countries;
- Right to rectification under Article 16 of the GDPR: You have the right to have inaccurate personal data concerning you rectified without undue delay and/or to have incomplete personal data stored by us completed;
- Right to erasure under Article 17 of the GDPR: You have the right to request the erasure of your personal data where the conditions set out in Article 17(1) of the GDPR are met. However, this right does not apply, in particular, where processing is necessary for the exercise of the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
- Right to restriction of processing under Article 18 of the GDPR: You have the right to request the restriction of the processing of your personal data whilst the accuracy of your data, which you have contested, is being verified; if you object to the erasure of your data on the grounds of unlawful processing and instead request the restriction of the processing of your data; if you require your data to assert, exercise or defend legal claims, after we no longer require this data once the purpose has been fulfilled, or if you have objected on grounds relating to your particular situation, whilst it remains to be determined whether our legitimate grounds override yours;
- Right to be informed under Article 19 of the GDPR: If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed of these recipients.
- Right to data portability under Article 20 of the GDPR: You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, or to request that it be transmitted to another controller, insofar as this is technically feasible;
- Right to withdraw consent pursuant to Article 7(3) of the GDPR: You have the right to withdraw your consent to the processing of your data at any time, with effect for the future. In the event of withdrawal, we will delete the relevant data without delay, unless further processing can be based on a legal ground that does not require consent. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to withdrawal;
- Right to lodge a complaint pursuant to Article 77 of the GDPR: If you consider that the processing of your personal data infringes the GDPR, you have the right – without prejudice to any other administrative or judicial remedy – to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF, AS PART OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO SUCH PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION. FURTHER PROCESSING REMAINS RESERVED, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THIS RIGHT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of storage of personal data is determined by the relevant legal basis, the purpose of processing and – where applicable – additionally by the relevant statutory retention period (e.g. retention periods under commercial and tax law).
Where personal data is processed on the basis of explicit consent pursuant to Article 6(1)(a) of the GDPR, such data is stored until the data subject withdraws their consent.
Where statutory retention periods apply to data processed in connection with contractual or quasi-contractual obligations on the basis of Article 6(1)(b) of the GDPR, such data is routinely deleted upon expiry of the retention periods, provided that it is no longer required for the performance of the contract or for entering into a contract and/or we no longer have a legitimate interest in continuing to store it.
When processing personal data on the basis of Article 6(1)(f) of the GDPR, this data is stored until the data subject exercises their right to object under Article 21(1) of the GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims.
When personal data is processed for the purposes of direct marketing on the basis of Article 6(1)(f) of the GDPR, such data is stored until the data subject exercises their right to object under Article 21(2) of the GDPR.
Unless otherwise specified in the other information in this statement regarding specific processing situations, stored personal data will otherwise be erased when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to Etsy’s Privacy Policy
Etsy is responsible for any further data processing that goes beyond the data processing described above. You can find further information about Etsy’s data protection practices in Etsy’s Privacy Policy: etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation Policy
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Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity:
Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts for the supply of goods, the withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the last item.
For contracts for the supply of data not on a tangible medium, which are produced and made available in digital form (digital content), the withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Birgit Salzeder, Hauptstr. 9c, 82387 Antdorf, Germany, Tel.: 088578005888, email: info@mariitales.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 this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this refund.
In the case of contracts for the supply of goods, we may withhold a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event no later than twenty-one days from the day on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the twenty-one-day period.
You shall bear the direct costs of returning the goods.
You will only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish their nature, characteristics and functioning.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
The right of withdrawal expires prematurely in the case of contracts for the provision of digital content if we have commenced performance of the contract after you have expressly agreed that we may commence performance of the contract before the expiry of the withdrawal period, you have confirmed to us that you are aware that, by giving your consent to the commencement of performance, you lose your right of withdrawal, and we have provided you with a confirmation of the contract, setting out the content of the contract including the aforementioned conditions for the premature expiry of the right of withdrawal, on a durable medium.
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D. Cancellation form
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If you wish to cancel the contract, please complete this form and return it.
To
Birgit Salzeder
Hauptstr. 9c
82387 Antdorf
Germany
Email: info@mariitales.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 (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for paper notifications)
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Date
(*) Delete as appropriate
