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General Terms and Conditions & Information on Data Protection & Cancellation Policy & Cancellation 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 contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law
9. 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 controller
2. Contact
3. Data processing for order processing
4. Web analytics services
5. Rights of the data subject
6. Duration of storage of personal data
7. Reference to the Etsy privacy policy
C. Cancellation policy
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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 Bianca Sulwessak, trading under the name “Bianca Sulwessak” (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 with regard to the goods displayed by the Seller on the Internet trading platform Etsy (hereinafter referred to as “Etsy”). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion
2.1 By listing an item on Etsy, the seller makes a binding offer to sell that item.
2.2 The customer can accept the seller's offer using the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then follow the order steps specified by Etsy. By clicking on the button that completes the order process, the customer declares their acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the customer.
2.3 The contract text is stored by the seller and sent to the customer in text form (e.g., email, fax, or letter) after conclusion of the contract, together with these General Terms and Conditions and customer information. The seller does not make the contract text available in any other way.
2.4 Before placing a binding order, 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 can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries before placing a binding order as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
2.6 The following languages are also available for the conclusion of the contract:
- English
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 withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not applicable as the seller is exempt from sales tax as a small business. 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 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 by 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 money 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 offer on Etsy.
4.4 If payment is made using a payment method offered via the “Etsy Payments” payment service, 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. allows the customer to use various payment methods when processing payments via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or during the order process. Further information on Etsy Payments and its terms of use can be found here: etsy.com/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipping to the delivery address specified by the customer. The delivery address specified in the order processing at Etsy is decisive for the processing of the transaction.
5.2 If the 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. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's cancellation policy shall apply to the return shipping costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This only applies if the non-delivery is not the fault of the seller and the seller has taken all reasonable care to conclude a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. If the goods are not available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller makes advance delivery, it shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
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 delivery of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for rights arising from defects shall be one year from delivery of the goods;
- the rights to claim for defects are excluded for used goods;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 The above limitations of liability and shortening of time limits 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 for a building in accordance with their normal use and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, the statutory limitation periods for any existing statutory rights of recourse remain unaffected for entrepreneurs.
7.4 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations specified therein, the goods shall be deemed to have been approved.
7.5 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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B. Information on data protection
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1) Information about the collection of personal data and contact details of the controller
1.1 We are delighted that you are visiting our Etsy store (hereinafter referred to as “website”) and thank you for your interest. Below, we provide information about how we handle your personal data when you use our website. Personal data is 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 Bianca Sulwessak, Hüller Str. 79, 44866 Bochum, Germany, tel.: 015174427363, email: dsgnbybs@gmx.de. The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Contact
When you contact us (e.g. via the contact form or email), we collect the personal data you provide us with for this purpose. This data is stored and used exclusively for the purpose of processing your request and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in processing your request in accordance with Art. 6 (1) lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after your request has been processed, unless there are legal obligations to retain it. We consider the processing of your request to be complete when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
3) Data processing for order processing
3.1 Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data you provided when placing your order in order to inform you personally within the scope of our legal information obligations in accordance with Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us to the extent necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transferred to these service providers in accordance with the following information.
3.2 - Gelato
We use the following provider for order processing: Gelato Sweden AB, c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden
Name, address and, if applicable, other personal data will be passed on to the provider in accordance with Art. 6 (1) lit. b GDPR exclusively for the purpose of processing the online order. Your data will only be passed on if this is actually necessary for the processing of the order.
- Spreadshirt
The order is processed via the “Spreadshirt” service provided by sprd.net AG, Gießerstraße 27, 04229 Leipzig (“Spreadshirt”). Your name, address, and any other personal data will be passed on to Spreadshirt in accordance with Art. 6 (1) lit. b GDPR solely for the purpose of processing your online order. Your data will only be passed on if this is actually necessary for the processing of the order.
Details on Spreadshirt's data protection policy and the privacy policy of sprd.net AG can be found at spreadshirt.de/datenschutz-C3928.
3.3 In order to fulfill our contractual obligations to our customers, we work with external shipping partners. We will only pass on your name and delivery address to a shipping partner selected by us for the purpose of delivering the goods in accordance with Art. 6 para. 1 lit. b GDPR.
3.4 When using the Etsy Payments payment method, payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless 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 is carried out in accordance with Art. 6 para. 1 lit. b GDPR and only to the extent necessary for payment processing.
For further information on data protection, please refer to Etsy's privacy policy: etsy.com/legal/privacy/
4) Web analytics services
Google (Universal) Analytics
Etsy uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google (Universal) Analytics uses “cookies,” which are text files stored on your device that enable analysis of your use of the website. The information generated by the cookie about your use of this website (including your abbreviated IP address) is usually transferred to a Google server and stored there; this may also involve transfer to Google LLC. servers in the US.
Google (Universal) Analytics is used exclusively with the extension “_anonymizeIp()”, which ensures anonymization of the IP address by truncation and excludes direct personal references. With this extension, your IP address will be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google LLC server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide us with other services related to website usage. The IP address transmitted by your browser within the scope of Google (Universal) Analytics will not be merged with other Google data.
Google Analytics also enables the creation of statistics with statements about the age, gender, and interests of website visitors based on an evaluation of interest-based advertising and using third-party information via a special function known as “demographic characteristics.” This allows the definition and differentiation of user groups of the website for the purpose of target group-optimized marketing measures. However, data records collected via “demographic characteristics” cannot be assigned to a specific person.
Details on the processing initiated by Google Analytics and Google's handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites
All processing described above, in particular the setting of Google Analytics cookies for reading information on the device used, will only be carried out if you have given us your express consent in accordance with Art. 6 para. 1 lit. a GDPR. Without this consent, Google Analytics will not be used during your visit to our website.
You can revoke your consent at any time with future effect. To exercise your right of revocation, please deactivate this service in the “Cookie Consent Tool” provided on the website. We have entered into a data processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our website visitors and not to pass it on to third parties.
For data transfers to the US, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with European data protection standards on the basis of an adequacy decision by the European Commission.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de
5) Rights of the data subject
5.1 The applicable data protection law grants you 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, which we inform you about below:
- Right of access pursuant to Art. 15 GDPR: In particular, you have the right to obtain information about 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 planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing, as well as your right to be informed of the guarantees pursuant to Art. 46 GDPR if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain the rectification of inaccurate data concerning you and/or the completion of your incomplete data stored by us;
- Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the conditions of Art. 17 (1) GDPR are met. However, this right does not apply in particular 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 pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data for as long as the accuracy of your data is being verified if you object to the deletion of your data due to unlawful processing and request the restriction of the processing of your data instead, if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been fulfilled, or if you have lodged an objection on grounds relating to your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information pursuant to Art. 19 GDPR: If you have asserted 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 or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant 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 its transfer to another controller, provided that this is technically feasible;
- Right to withdraw consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with future effect. In the event of withdrawal, we will delete the data concerned immediately, unless further processing is based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.
5.2 RIGHT TO OBJECT
IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. FURTHER PROCESSING REMAINS RESERVED, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ASSERTION, EXERCISE OR DEFENSE 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 PERSONAL DATA RELATING TO YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
6) 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, if applicable, the respective statutory retention period (e.g., commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.
If there are statutory retention periods for data that is processed within the scope of legal obligations or obligations similar to legal obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer necessary for the fulfillment of the contract or for the initiation of a contract and/or we no longer have a legitimate interest in further storage.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data will be stored until you exercise your right to object under Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims.
When processing personal data for direct marketing purposes on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object under Art. 21 para. 2 GDPR.
Unless otherwise specified in the other information in this statement regarding specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
7) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. Further information on Etsy's data protection can be found in Etsy's privacy policy: etsy.com/legal/privacy/?ref=ftr
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C. Cancellation policy
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Introduction
Consumers have a right of cancellation in accordance with the following provisions, whereby consumers are any natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Bianca Sulwessak, Hüller Str. 79, 44866 Bochum, Germany, Tel.: 015174427363, Email: dsgnbybs@gmx.de) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but this 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 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 additional costs resulting 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 for this refund.
In the case of contracts for the delivery of goods, we may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case 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 send the goods before the expiry of the twenty-one-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.
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 for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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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 return it to us.
To
Bianca Sulwessak
Hüller Str. 79
44866 Bochum
Germany
Email: dsgnbybs@gmx.de
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 consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is made on paper)
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Date
(*) Delete as applicable
Copyright notice: These terms and conditions were created by the specialist lawyers at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
As of: May 27, 2025, 3:30:26 p.m.
