Privacy Policy (Other)
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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 of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of title
7. liability for defects
8. special conditions for the processing of goods according to specific customer specifications
9. applicable law
10. alternative dispute resolution
11. code of conduct
B. Information on data protection
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1. information on the collection of personal data and contact details of the controller
2. making contact
3. data processing for order processing
4. rights of the data subject
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
C. Cancellation policy
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1. introduction
2. right of withdrawal
3. consequences of the revocation
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 of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Veronika Sevcikova (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop Etsy (hereinafter referred to as “Etsy”). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of 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 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 go through the order steps specified by Etsy. By clicking the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the contract has been concluded, together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.
2.4 Before placing a binding order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before submitting the 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 The prices quoted by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money by 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 the transfer of funds 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 When paying by means of a payment method offered via the payment service “Etsy Payments”, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter “Etsy UC”) or - if the payment is made in US dollars or Canadian dollars - 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 payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use the payment services of third parties to process payments. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or as part of the order processing. Further information on and the terms of use of Etsy Payments can be found here: etsy.com/en/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the delivery of goods shall be made by shipping to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for warranty rights is one year from delivery of the goods;
- in the case of used goods, the warranty rights are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of time limits shall 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 existing 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, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase 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.
10) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of conduct
The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.
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B. Information on data protection
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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 website (hereinafter "Website") and thank you for your interest. Below, we will inform you about how your personal data is handled when you use our website. Personal data is all data that can be used to identify you personally.
1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is Veronika Sevcikova, Steingartenweg 31, 63679 Schotten, Germany, Tel.: +49 1742491416, Email: CozyDays@web.de. The controller is the natural or legal person who, alone or jointly with others, decides on 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. This data will be stored and used exclusively for the purpose of processing your request and the associated technical administration. The legal basis for processing the data 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, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed, unless there are statutory retention periods. We consider the processing of your request to be complete when the circumstances indicate that the matter in question has been conclusively clarified.
3) Data processing for order processing
3.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) (b) GDPR.
If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we will process the contact details you provided when placing your order in order to inform you personally within the scope of our statutory information obligations pursuant to Art. 6 (1) (c) GDPR. Your contact details will be used strictly for the purpose of notifying you of updates owed by us and will only be processed by us for this purpose 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 transmitted 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.
Your name, address, and any other personal data will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR solely for the purpose of processing your online order. Your data will only be passed on to the extent that this is actually necessary to process your order.
- Printful
Order processing is carried out by the service provider "Printful" of Printful, Inc., 11025 Westlake Drive, Charlotte, NC 28273, USA. Your name, address, and any other personal data will be passed on to Printful in accordance with Art. 6 (1) (b) GDPR solely for the purpose of processing your online order. Your data will only be passed on to the extent that this is actually necessary to process your order. Details on Printful's data protection policy and the Printful, Inc. privacy policy can be found at printful.com/policies/privacy.
- Printify
We use the following provider for order processing: Printify Inc., 108 West 13th Street, Wilmington 19801, Delaware, USA.
Your name, address, and any other personal data will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR solely for the purpose of processing your online order. Your data will only be passed on to the extent that this is actually necessary to process your order.
For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with European data protection standards.
3.3 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 (1) (b) GDPR.
3.4 When using the Etsy Payments payment method, payment processing will be carried out 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 will be carried out by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). Data will be passed on in accordance with Art. 6 (1) (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/de/legal/privacy/
4) Rights of the data subject
4.1 Applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we will inform you about below:
- Right of information pursuant to Art. 15 GDPR: In particular, you have the right to 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, the right to lodge a complaint with a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved and the scope and intended effects of such processing concerning you, as well as your right to be informed of the guarantees in place pursuant to Art. 46 GDPR when transferring your data to third countries.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to have inaccurate data concerning you rectified without undue delay and/or to have incomplete data stored by us completed;
- 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 processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest, or to assert, exercise, or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you contest, is being verified, if you refuse to delete your data due to inadmissible data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons related to your particular situation, as long as it has not yet been determined whether our legitimate reasons outweigh yours;
- Right to information pursuant to Art. 19 GDPR: If you have asserted your right to rectification, erasure, or restriction of processing vis-à-vis the controller, the controller is obliged to inform all recipients to whom the personal data concerning you was disclosed of this rectification, erasure, or restriction of processing, unless doing so proves impossible or involves disproportionate effort. You have the right to be informed of 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, common, and machine-readable format or to request that it be transmitted to another controller, where technically feasible;
- Right to revoke consent granted pursuant to Art. 7 (3) GDPR: You have the right to revoke your consent to the processing of data at any time with future effect. In the event of revocation, we will delete the data in question immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of personal data concerning you 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.
4.2 RIGHT OF OBJECTION
IF, AS PART OF A BALANCE OF INTERESTS, WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA IN QUESTION. However, we reserve the right to further process your data if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and fundamental freedoms, or if the processing serves to assert, exercise, or defend legal claims.
If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes. You can exercise your right of objection as described above.
IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing, and – where applicable – also by the respective statutory retention period (e.g., retention periods under commercial and tax law).
When personal data is processed on the basis of express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.
If statutory retention periods exist for data processed within the framework of legal or quasi-legal obligations based on Art. 6 (1) (b) GDPR, this data will be routinely deleted after the retention periods have expired, provided it is no longer required for the fulfillment or initiation of a contract and/or we no longer have a legitimate interest in continuing to store it.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data will be stored until you exercise your right of objection pursuant to 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 (1) (f) GDPR, this data will be stored until you exercise your right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this statement regarding specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all further data processing beyond that described above. For more information about Etsy's privacy practices, please see Etsy's privacy policy: etsy.com/de/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 a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last item.
To exercise your right of withdrawal, you must notify us (Veronika Sevcikova, Steingartenweg 31, 63679 Schotten, Germany, Tel.: +49 1742491416, Email: CozyDays@web.de) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
For 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 promptly and in any event no later than twenty-one days from the date on which you notify us of the cancellation of this contract.
Returns/refunds can only be sent to the following address:
Veronika Sevcikova, Steingartenweg 31, 63679 Schotten, Germany.
This deadline is met if you send the goods before the expiry of the twenty-one-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
Exclusion or premature expiration 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 whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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D. Cancellation Form
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If you wish to cancel the contract, please fill out this form and return it.
To
Veronika Sevcikova
Steingartenweg 31
63679 Schotten
Germany
Email: CozyDays@web.de
I/we (*) hereby cancel 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 for paper notification)
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Date
(*) Delete as appropriate
Copyright Notice: These Terms and Conditions were prepared by the specialist attorneys at the IT Law Firm and are protected by copyright (https://www.it-recht-kanzlei.de)
