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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of contents
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A. Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable Law
9. Alternative Dispute Resolution
10. Code of Conduct
B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Contact us
3. Data processing for order processing
4. Rights of the person concerned
5. Duration of storage of personal data
6. Reference to the Etsy privacy policy
7. Tools and Miscellaneous
C. Cancellation policy
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1 Introduction
2. Right of withdrawal
3. Consequences of revocation
D. Cancellation form
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A. Terms and Conditions with Customer Information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Christine Fischer, trading under "Christine Fischer" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the goods presented by the seller on the Internet trading platform Etsy (hereinafter "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 General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or 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 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 makes a binding offer to sell this 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 go through the ordering steps specified by Etsy. By clicking on the button that completes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
2.3 The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded, along with these general terms and conditions and customer information. The seller himself will not make the contract text available beyond this.
2.4 Before bindingly submitting the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before the order is bindingly submitted as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The German language is available for concluding the contract.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated 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 must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even 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 option(s) will be communicated to the customer in the seller's offer on Etsy.
4.4 When paying using a payment method offered via the payment service "Etsy Payments", payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies US dollars or Canadian dollars - through which 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 as part of 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 respective offer or as part of the order processing. Further information about and the terms of use of Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is 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 with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused the building to be defective,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
10) Code of Conduct
The seller has agreed to the conditions of participation for the eCommerce initiative “Fairness in Commerce”, 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 about the collection of personal data and contact details of the person responsible
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 with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Christine Fischer, Hauptstr. 27, 86923 Finning, Germany, Tel.: 08806 / 924 30 81, Email: info@vanilldesign.de. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
2) Contact us
When you contact us (e.g. via contact form or email), personal data is collected, which you can see in the contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed; this is the case if it can be seen from the circumstances that the matter in question has been finally clarified and provided that there are no legal retention obligations to the contrary.
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 Article 6 Paragraph 1 Letter b of the 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 details you provided when ordering (name, address, email address) in order to provide you with our legal information obligations in accordance with Art. 6 Para 1 lit. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us for this purpose to the extent that this is 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 implementation 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 to process orders: 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 exclusively for the purpose of processing the online order in accordance with Article 6 Paragraph 1 Letter b of the GDPR. Your data will only be passed on to the extent that this is actually necessary to process the order.
3.3 In order to fulfill our contractual obligations towards our customers, we work with external shipping partners. We pass on your name and delivery address to a shipping partner selected by us exclusively for the purpose of delivering goods pursuant to Art. 6 Para. 1 lit. b GDPR.
3.4 When using the Etsy Payments payment method, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless payment is made in US dollars or Canadian currencies Dollar. In this case, payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For further data protection information, please see Etsy's privacy policy: etsy.com/de/legal/privacy/
4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible regarding the processing of your personal data, which we will inform you about below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to 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, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing affecting you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries;
- Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Paragraph 1 GDPR are met. However, this right does not apply in particular if the 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 that you dispute is verified, if you reject deletion of your data due to unlawful 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 relating to your particular situation as long as it is not yet clear whether our legitimate reasons outweigh;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed, this rectification or deletion 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 in accordance with Art. 20 GDPR: You have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, if this is technically feasible ;
- Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation;
- Right to complain in accordance with Art. 77 GDPR: If you are of the opinion that the processing of personal data concerning you violates 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 residence, your place of work or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROOF COMPLEX REASONS FOR THE PROCESSING THAT ARE worthy of protection, which OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.
5) Duration of storage of personal data
The duration of storage of personal data is determined based on the respective legal basis, the purpose of processing and - if relevant - additionally based on the respective legal retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.
If there are statutory retention periods for data that are processed within the framework of legal or transaction-like obligations on the basis of Art. 6 Para. 1 lit and/or we have no legitimate interest in further storage.
When processing personal data on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until you exercise your right to object in accordance with Article 21 Paragraph 1 of the GDPR, unless we can provide compelling legitimate reasons for this demonstrate that the processing outweighs your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until you exercise your right to object in accordance with Article 21 Paragraph 2 of the GDPR.
Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) 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 about Etsy's data protection can be found in Etsy's data protection information: etsy.com/de/legal/privacy/?ref=ftr
7) Tools and miscellaneous
- DATEV
To carry out the accounting, we use the cloud-based accounting software from DATEV eG, Paumgartnerstr. 6-14, 90429 Nuremberg (“DATEV”).
DATEV processes incoming and outgoing invoices as well as our company's bank transactions in order to automatically record invoices, match them to the transactions and create financial accounting from them in a semi-automated process.
If personal data is also processed, the processing is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR on the basis of our legitimate interest in the efficient organization and documentation of our business processes.
Further information about DATEV, the automated processing of data and the data protection regulations can be found at datev.de/web/de/m/ueber-datev/datenschutz/
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C. Cancellation policy
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Introduction
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
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.
In order to exercise your right of withdrawal, you must inform us (Christine Fischer, Hauptstr. 27, 86923 Finning, Germany, Tel.: 08806 / 924 30 81, Email: info@vanilldesign.de) by means of a clear declaration (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
For contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the 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 your cancellation of this contract. The deadline is met if you send the goods before the deadline of twenty-one days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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D. Cancellation form
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If you want to cancel the contract, please fill out this form and send it back.
At
Christine Fischer
Hauptstr. 27
86923 Finning
Germany
Email: info@vanilldesign.de
I/we (*) hereby revoke 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 notification)
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Date
(*) Delete what is not applicable
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
